State v. Jenkins

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.

Everette Martin Jenkins, Appellant.

Appellate Case No. 2013-002513

Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge

Unpublished Opinion No. 2015-UP-083
Submitted January 1, 2015 – Filed February 25, 2015

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Salley W. Elliott,
both of Columbia; and Solicitor William Walter Wilkins,
III, of Greenville, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: 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 693-94 ("Issues not
raised and ruled upon in the trial court will not be considered on appeal."); State v.
Kennerly, 331 S.C. 442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998) ("In reviewing a
denial of directed verdict, issues not raised to the trial court in support of the
directed verdict motion are not preserved for appellate review."), aff'd, 337 S.C.
617, 524 S.E.2d 837 (1999); id. ("A defendant cannot argue on appeal an issue in
support of his directed verdict motion when the issue was not presented to the trial
court below.").

AFFIRMED.1

WILLIAMS, GEATHERS, and McDONALD, JJ., concur.

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