State v. Horry

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.

Willie Don Horry, Appellant.

Appellate Case No. 2010-163348

Appeal From Charleston County
Deadra L. Jefferson, Circuit Court Judge

Unpublished Opinion No. 2013-UP-248
Submitted March 1, 2013 – Filed June 12, 2013

AFFIRMED

Appellate Defender Breen Richard Stevens, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General William M. Blitch, Jr., both of
Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003)
("In order for an issue to be preserved for appellate review, it must have been
raised to and ruled upon by the trial [court]. Issues not raised and ruled upon in the
trial court will not be considered on appeal."); State v. Douglas, 380 S.C. 499, 502,
671 S.E.2d 606, 608 (2009) ("Lay witnesses are permitted to offer testimony in the
form of opinions or inferences if the opinions or inferences are rationally based on
the witness' perception, and will aid the jury in understanding testimony, and do
not require special knowledge." (citing Rule 701, SCRE)); State v. Pagan, 369 S.C.
201, 212, 631 S.E.2d 262, 267 (2006) ("Generally, appellate courts will not set
aside convictions due to insubstantial errors not affecting the result."); id. ("[A]n
insubstantial error not affecting the result of the trial is harmless where 'guilt has
been conclusively proven by competent evidence such that no other rational
conclusion can be reached.'" (quoting State v. Bailey, 298 S.C. 1, 5, 377 S.E.2d
581, 584 (1989))).

AFFIRMED.1

FEW, C.J., and GEATHERS and LOCKEMY, JJ., concur.

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