State v. Ruger

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.

Donita Shabre
Ruger, Appellant.

Appeal From Richland County

 James R. Barber, III, Circuit Court Judge

Unpublished Opinion No. 2009-UP-543

Submitted November 2, 2009 – Filed
November 19, 2009   

Affirmed

Appellate Defender Elizabeth A. Franklin-Best, 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, and Solicitor Warren B. Giese, all of
Columbia, for Respondent.

PER CURIAM:  Donita Shabre Ruger appeals her
conviction and eighteen month sentence for breach of trust with fraudulent
intent.  Ruger argues the trial court erred in failing to hold a hearing to
determine the voluntariness of her confession and failing to give a jury
instruction on the reliability of her confession.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the
following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003)
("A party may not argue one ground [for error] at trial and an alternate
ground on appeal."); State v. Brown, 362 S.C. 258, 261-62, 607
S.E.2d 93, 95 (Ct. App. 2004) (noting the law to be charged is determined by
the evidence presented at trial).

AFFIRMED.

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

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