State v. Wood

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.

Jaymes Michael
Wood, Appellant.

Appeal from Richland County

Kenneth G. Goode, Circuit Court Judge

Unpublished Opinion No. 2012-UP-129   

Heard February 14, 2012 – Filed February
29, 2012

AFFIRMED

Appellate Defender LaNelle Cantey DuRant,
of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General William Blitch, all of Columbia; and
Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM: In
this criminal action, Jaymes Michael Wood contends the plea judge erred in not
recusing himself from the case when Wood was pleading guilty to criminal sexual
conduct (CSC) with a minor, and the plea judge stated prior to sentencing that
his own daughter had been assaulted when she was eight years old.  We affirm pursuant to Rule 220(b)(1), SCACR,
and the following authorities:

As to whether the plea judge
erred in not recusing himself from Wood's plea, we find Wood did not properly
preserve this issue.  See Wilder Corp. v. Wilke, 330 S.C. 71, 76,
497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be
raised for the first time on appeal, but must have been raised to and ruled
upon by the trial judge to be preserved for appellate review."); Parker
v. Shecut, 340 S.C. 460, 496-97, 531 S.E.2d 546, 566 (Ct. App. 2000) (holding
a party that fails to move for recusal does not preserve the issue for
appellate review), rev'd on other grounds, 349 S.C. 226, 562 S.E.2d 620
(2002); Dixon v. Dixon, 362 S.C. 388, 399, 608 S.E.2d 849, 854 (2005)
(holding that an issue first raised in a post-trial motion is not preserved for
appellate review). 

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.