In the interest of Lamarcus W.

CourtListener 10155240Scctapp17 sept. 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

In the interest of Lamarcus W., a minor

under the age of seventeen                                 

Appeal from Laurens County

Billy A. Tunstall, Jr., Family Court Judge

Unpublished Opinion No. 2008-UP-540

Submitted September 2, 2008 – Filed
September 17, 2008   

AFFIRMED

Appellate Defender Aileen P. Claire, 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 Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  The juvenile appeals his
sentence to the Department of Juvenile
Justice for an indeterminate amount of time not to exceed his twenty-first
birthday.  He contends the family
court judge abused his discretion by deviating from the Department’s
recommended sentence. 

We affirm pursuant to Rule 220(b), SCACR, and the following
authorities: In the Interest of Antonio H., 324 S.C. 120, 122, 477
S.E.2d 713, 714 (1996) (holding the issue of whether a minor was competent to
enter a guilty plea was procedurally barred as that issue was not raised at the
time of the plea, nor was it raised to the judge at the dispositional hearing); Rhoad v. State, 372 S.C. 100, 108, 641 S.E.2d 35, 39 (Ct. App. 2007)
(holding the length of a sentence is not preserved for appellate review in the
absence of an objection to the trial judge); In Interest of Arisha K.S.,
331 S.C. 288, 296, 501 S.E.2d 128, 133 (Ct. App. 1998) (applying general preservation
rules within the criminal context of a juvenile proceeding, but inviting the
supreme court to revisit whether such rules should be relaxed because the
rights of a minor are at stake).

AFFIRMED.

HEARN,
C.J., HUFF and GEATHERS, JJ., concur.

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