State v. Johnson

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.

Donald Hugh
Johnson, Appellant.

Appeal From Spartanburg County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2009-UP-606

Submitted December 1, 2009 – Filed December
22, 2009

AFFIRMED

Tara  Shurling, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, all of
Columbia, for Respondent.

PER CURIAM:  Donald
Hugh Johnson appeals his convictions for three
counts of criminal sexual conduct with a minor in the second degree, one count
of contributing to the delinquency of a minor, and one count of committing or
attempting a lewd act upon a child under sixteen.  Johnson argues the trial
court erred in allowing the Victim's testimony about Johnson's attempt to have
sexual intercourse with her because Johnson was charged with less egregious
crimes.  We affirm[1] pursuant to Rule 220(b)(1), SCACR,
and the following authority:  State v.
Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-4 (2003) ("In order for an issue to be preserved for appellate
review, it must
have been raised to and ruled upon by the trial judge. Issues not raised and
ruled upon in the trial court will not be considered on appeal.").

AFFIRMED.

Williams, pieper, and
lockemy, JJ., concur. 

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