State v. Kenneth Lovette Young

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.

Kenneth Lovette
Young, Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2009-UP-505

Heard October 6, 2009 – Filed November 5,
2009   

AFFIRMED

Appellate Defender LaNelle DuRant, 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 Julie M.
Thames, all of Columbia, Kevin Scott Brackett, of York, for Respondent.

PER CURIAM:  Kenneth Lovette Young appeals
the circuit court's refusal to sever his trial from that of his co-defendant,
as well as the court's admission of certain items into evidence.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following
authorities:  

1. As to Young's
severance motion:  See I'On, LLC v. Town of Mount Pleasant, 338 S.C.
406, 422, 526 S.E.2d 716, 724 (2000) (holding that in order for an issue to be
preserved for appellate review, it must have first been raised to and ruled
upon by the circuit court); Tupper v. Dorchester County, 326 S.C. 318, 324
n.4, 487 S.E.2d 187, 190 n.4 (1997) (stating an appellant cannot bootstrap an
issue for appeal by way of a co-defendant's objection); White v. Livingston,
231 S.C. 301, 307, 98 S.E.2d 534, 537 (1957) (citation and quotation marks
omitted) ("[A] party cannot,
when a cause is brought up for appellate review, assume an attitude
inconsistent with or different from that taken by him at the trial, and [. . .]
the parties are restricted to the theory on which the
cause was prosecuted or defended in the court below.").

2. As to the admission of
items into evidence:  State v. Adams, 377 S.C. 334, 337, 659 S.E.2d 272,
274 (Ct. App. 2008) (recognizing the admission of evidence is left to the
discretion of the circuit court and will not be reversed absent an abuse of
discretion).

AFFIRMED.

HEARN, C.J., and KONDUROS,
J., and LOCKEMY, J., concur.