State v. Rogers

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Duston Lenier Rogers, Appellant.

Appeal From Cherokee County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2009-UP-136

Submitted March 2, 2009 – Filed March 10,
2009   

AFFIRMED

Appellate Defender LaNelle C. 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 Michelle J. Parsons, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Duston
Lenier Rogers appeals his sentence for
possession of crack cocaine with intent to distribute (PWID crack cocaine),
arguing the trial court erred in treating his PWID crack cocaine conviction as
third offense for sentencing purposes.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v.
Tucker, 319 S.C. 425, 428, 462 S.E.2d 263, 265 (1995) (explaining if
an appellant does not object on a specific ground at trial, the argument is
procedurally barred); State v. Johnston, 333 S.C. 459, 462, 510 S.E.2d
423, 425 (1999) (stating a challenge to sentencing must be raised at
trial, or the issue will not be preserved for appellate review).

AFFIRMED.

SHORT, THOMAS, and GEATHERS, JJ., concur.

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