Hankins v. State

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

Calvin Bernard Hankins,
S.C.D.C. No. 241248, Appellant,

v.

State of South Carolina, Respondent.

Appeal From Darlington County

 Paul M. Burch, Circuit Court Judge

Unpublished Opinion No. 2008-UP-702

Submitted December 1, 2008 – Filed
December 15, 2008   

AFFIRMED

Calvin
Hankins, pro se, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General Karen C. Ratigan, all of Columbia, for
Respondent.

PER CURIAM:  In 1994, Calvin Bernard Hankins pled guilty to voluntary
manslaughter and was sentenced to twenty-five years’ imprisonment.  Hankins
appeals the circuit court’s dismissal of his petition for a writ of habeas
corpus, arguing his petition should be treated as a petition for
post-conviction relief and should be considered timely filed.  However, this
issue is not preserved for our review because it was never raised to the trial
court.  In re Michael H., 360 S.C. 540, 546, 602 S.E.2d 729, 732 (2004) (“An
issue may not be raised for the first time on appeal.  In order to preserve an
issue for appeal, it must be raised to and ruled upon by the trial court.”).  Furthermore,
we note that Hankins’ underlying claim is that the Department of Corrections
has calculated his sentence incorrectly.  This Court has reviewed the merits of
that claim in a separate opinion issued today, which stems from Hankins’
administrative appeal. 

AFFIRMED.

HEARN,
C.J., KONDUROS, J., and GOOLSBY, A.J., concur.