State v. Gathers

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.

Travis Lamont Gathers, Appellant.

Appellate Case No. 2018-001727

Appeal From York County
Daniel Dewitt Hall, Circuit Court Judge

Unpublished Opinion No. 2020-UP-298
Submitted October 1, 2020 – Filed November 4, 2020

AFFIRMED

Appellate Defender Victor R. Seeger, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Jonathan Scott Matthews, both of
Columbia; and Solicitor Kevin Scott Brackett, of York,
all for Respondent.
PER CURIAM: Travis Lamont Gathers appeals his conviction of possession of
cocaine, arguing the trial court erred in denying his Batson1 motion because the
State offered a gender-discriminatory rationale for striking a juror. At trial,
Gathers argued the State's strike was motivated by racial, not gender,
discrimination. Therefore, we affirm pursuant to Rule 220(b), SCACR, and the
following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693
(2008) ("In order for an issue to be preserved for appellate review, it must have
been raised to and ruled upon by the trial [court]."); State v. Prioleau, 345 S.C.
404, 411-12, 548 S.E.2d 213, 216-17 (2001) (holding that a party may not argue
one ground at trial and an alternate ground on appeal); I'On, L.L.C. v. Town of Mt.
Pleasant, 338 S.C. 406, 422, 526 S.E.2d 716, 724 (2000) ("The losing party must
first try to convince the lower court it has ruled wrongly and then, if that effort
fails, convince the appellate court that the lower court erred. This principle
underlies the long-established preservation requirement that the losing party
generally must both present his issues and arguments to the lower court and obtain
a ruling before an appellate court will review those issues and arguments.").

AFFIRMED.2

THOMAS, HILL, and HEWITT, JJ., concur.

1
Batson v. Kentucky, 476 U.S. 79 (1986).
2
We decide this case without oral argument pursuant to Rule 215, SCACR.