State v. Freeman

CourtListener 10154875Scctapp13 févr. 2008

Texte intégral

THIS OPINION
HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN
ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Gregory
Freeman, Appellant.

Appeal From Aiken County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2008-UP-119

Submitted February 1, 2008 – Filed
February 13, 2008   

AFFIRMED

Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott

Assistant Attorney General Deborah R. J. Shupe, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Gregory
Freeman (Appellant) pled guilty to assault and battery of a high and aggravated
nature and was sentenced to ten years in prison.  On appeal, Appellant contends
the plea judge erred in accepting his plea because it was not voluntarily and
intelligently given since he admitted to striking and choking the victim, but denied
that he intended to harm her.  We affirm pursuant to Rule 220(b)(2), 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 judge.  Issues not raised and ruled upon in the trial court will not be considered on appeal.”); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599
(1982) (“Absent timely objection at a plea proceeding, the unknowing and
involuntary nature of a guilty plea can only be attacked through the more
appropriate channel of Post-Conviction Relief.”). 

AFFIRMED.[1]

HUFF,
KITTREDGE, and WILLIAMS, JJ., concur.

[1]  This case is decided without oral argument pursuant
to Rule 215, SCACR.

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