State v. Lewis

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.

Tony Randal Lewis, Appellant.

Appellate Case No. 2016-001407

Appeal From Spartanburg County
Roger L. Couch, Circuit Court Judge

Unpublished Opinion No. 2018-UP-199
Submitted April 1, 2018 – Filed May 9, 2018

AFFIRMED

Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General William M. Blitch, Jr., both of
Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Brown, 360 S.C. 581, 586, 602 S.E.2d 392, 395 (2004)
(entitling the accused to a directed verdict when the State fails to present evidence
on a material element of the offense charged); S.C. Code Ann. § 23-3-470(A)
(Supp. 2017) ("It is the duty of the offender to contact the sheriff in order to
register . . . . If an offender fails to register . . . as required by this article, he must
be punished as provided in subsection (B)."); State v. Scriven, 339 S.C. 333, 338,
529 S.E.2d 71, 73 (Ct. App. 2000) (determining statutory "provisions for sentence
enhancement upon conviction for a second or greater offense . . . are not elements
of the offense"); State v. Spratt, 383 S.C. 212, 213, 678 S.E.2d 266, 267 (Ct. App.
2009) ("The Sixth and Fourteenth Amendments to the United States Constitution
prohibit a prior uncounseled conviction resulting in a sentence of imprisonment
from being used to enhance the punishment for a subsequent conviction.").1

AFFIRMED.2

HUFF, GEATHERS, and MCDONALD, JJ., concur.

1
To the extent Lewis argues the trial court should have remanded his case to the
magistrate court, we find this argument unpreserved. See State v. Dunbar, 356
S.C. 138, 142, 587 S.E.2d 691, 694 (2003) ("A party may not argue one ground at
trial and an alternate ground on appeal.").
2
We decide this case without oral argument pursuant to Rule 215, SCACR.