State v. Boyd

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.

Donna Boyd, Appellant.

Appellate Case No. 2014-001853

Appeal From Greenville County
D. Garrison Hill, Circuit Court Judge

Unpublished Opinion No. 2016-UP-299
Submitted February 1, 2016 – Filed June 15, 2016

AFFIRMED

J. Falkner Wilkes, of Greenville, for Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General John Benjamin Aplin,
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: S.C. Code Ann. § 18-3-10 (2014) ("Every person convicted before a
magistrate of any offense whatever and sentenced may appeal from the sentence to
the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134,
705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the
circuit court must be in accordance with the South Carolina Rules of Civil
Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to
comply with [the South Carolina Rules of Civil Procedure] or any order of court, a
defendant may move for dismissal of an action or of any claim against him.");
State v. Porter, 389 S.C. 27, 37, 698 S.E.2d 237, 242 (Ct. App. 2010) ("The
general rule of issue preservation is if an issue was not raised to and ruled upon by
the trial court, it will not be considered for the first time on appeal."); id. at 38, 698
S.E.2d at 242 ("Imposing this preservation requirement is meant to enable the trial
court to rule properly after it has considered all the relevant facts, law, and
arguments."); State v. Bailey, 368 S.C. 39, 43-44, 626 S.E.2d 898, 900 (Ct. App.
2006) (holding it is inappropriate for the court of appeals to address an issue
because it was never raised to the circuit court on appeal and a petition for
rehearing was not filed); State v. Sosebee, 284 S.C. 411, 413, 326 S.E.2d 654, 655
(1985) (stating when a party does not object to an alleged error by the circuit court
so the circuit court has an opportunity to correct the alleged mistake, the issue is
not preserved for appellate review).

AFFIRMED.1

HUFF, KONDUROS, and GEATHERS, JJ., concur.

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