State v. Kemp

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.

Orin Jerrell Kemp, Appellant.

Appellate Case No. 2018-000161

Appeal From Pickens County
Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2020-UP-146
Submitted May 1, 2020 – Filed May 20, 2020

AFFIRMED

Appellate Defender Victor R. Seeger, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Mark Reynolds Farthing, both of
Columbia; and Solicitor William Walter Wilkins, III, of
Greenville, for Respondent.

PER CURIAM: Orin J. Kemp appeals his guilty plea to petit larceny, breaking
and entering a motor vehicle, possession of burglary tools, and financial
transaction card theft and sentence of ten years' imprisonment suspended upon the
service of five years' imprisonment, and three years' probation. On appeal, he
argues the plea court failed to exercise its discretion when it allowed the South
Carolina Department of Corrections to calculate his time-served credit. However,
after the plea court explained it did not know what time-served credit Kemp was
entitled to but it would "let [SCDC] figure it out," Kemp did not object or
otherwise ask the plea court to determine his time-served credit. Further, Kemp
did not file a motion asking the plea court to reconsider his sentence to include the
specific amount of time-served credit he was entitled to on his sentencing sheet.
Accordingly, this issue is not preserved for appellate review. See 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 [court]. Issues not raised and ruled upon in the trial court will not be
considered on appeal.").

AFFIRMED.1

LOCKEMY, C.J., and GEATHERS and HEWITT, JJ., concur.

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