State v. Perry

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Lance Perry, Appellant.

Appeal From York County

Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2009-UP-267

Submitted May 1, 2009 – Filed June 2, 2009   

AFFIRMED

Appellate
Defender Elizabeth A. Franklin, of Columbia, for Appellant.

Attorney
General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh,
Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney
General Harold M. Coombs, Jr., all of Columbia; and Solicitor Kevin S.
Brackett, of York, for Respondent.

PER
CURIAM:  Lance Perry pled guilty to
second-degree burglary, grand larceny, and criminal conspiracy.  He received
concurrent sentences of ten, ten, and five years' imprisonment, respectively. 
Perry appeals his guilty plea to criminal conspiracy, arguing the trial court
erred in accepting his plea because Perry denied the factual basis of criminal
conspiracy.  We affirm pursuant to Rule 220(b),
SCACR, and the following authorities:  In re Michael H., 360 S.C.
540, 546, 602 S.E.2d 729, 732 (2004) ("An issue may not be raised for the
first time on appeal.  In order to preserve an issue for appeal, it must be
raised to and ruled upon by the trial court."); Lucas v. Rawl Family
Ltd. P'ship, 359 S.C. 505, 510-11, 598 S.E.2d 712, 715 (2004) ("It is
well settled that, but for a very few exceptional circumstances, an appellate
court cannot address an issue unless it was raised to and ruled upon by the
trial court.").

AFFIRMED. [1]

SHORT, WILLIAMS,
and LOCKEMY, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.