State v. Carpenter

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.

Joseph Austin Carpenter, Appellant.

Appellate Case No. 2016-002335

Appeal From Greenville County
Letitia H. Verdin, Circuit Court Judge

Unpublished Opinion No. 2019-UP-248
Submitted May 1, 2019 – Filed July 3, 2019

AFFIRMED

J. Falkner Wilkes, of Greenville, for Appellant.

Attorney General Alan McCrory Wilson, Senior
Assistant Deputy Attorney General William M. Blitch,
Jr., and Assistant Attorney General V. Henry Gunter, Jr.,
all of Columbia; and Solicitor William Walter Wilkins,
III, of Greenville, all for Respondent.

PER CURIAM: Joseph Carpenter appeals his conviction and eight-year sentence
for attempted murder, arguing the trial court erred by (1) admitting evidence as to
his religious beliefs and (2) submitting a written copy of the jury instructions to the
jury over his objection. We affirm pursuant to Rule 220(b), SCACR, and the
following authorities:

1. As to issue one: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693 (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]."); id. at 142, 587 S.E.2d at 694 ("A
party need not use the exact name of a legal doctrine in order to preserve it, but it
must be clear that the argument has been presented on that ground."); id. ("A party
may not argue one ground at trial and an alternate ground on appeal.").

2. As to issue two: State v. Turner, 373 S.C. 121, 129, 644 S.E.2d 693, 697 (2007)
("A trial court may, in its discretion, submit its instructions on the law to the jury in
writing."); Clark v. Cantrell, 339 S.C. 369, 389, 529 S.E.2d 528, 539 (2000) ("An
appellate court will not reverse the trial court's decision regarding jury instructions
unless the trial court abused its discretion."); id. ("An abuse of discretion occurs
when the trial court's ruling is based on an error of law or, when grounded in
factual conclusions, is without evidentiary support."); State v. Lemire, 406 S.C.
558, 566, 753 S.E.2d 247, 251 (Ct. App. 2013) ("[A] party disputing the
submission of the written charge must show prejudice to obtain relief on this
ground.").

AFFIRMED.1

LOCKEMY, C.J., and SHORT and MCDONALD, JJ., concur.

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