Opinion
Unpublished Opinion No. 2011-UP-533
12-02-2011
The State, Respondent, v. Derrick Criswell, Appellant.
Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.
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.
Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge
AFFIRMED
Appellate Defender Robert M. Pachak, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.
PER CURIAM : Derrick Criswell appeals his conviction for distribution of cocaine base, second offense. Criswell argues the trial court improperly enhanced his conviction to a second offense using a previous conviction for possession of crack cocaine from 1996. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Passaro, 350 S.C. 499, 505, 567 S.E.2d 862, 866 (2002) ("[A] guilty plea generally constitutes a waiver of non-jurisdictional defects and claims of violations of constitutional rights."); State v. Lopez, 352 S.C. 373, 378, 574 S.E.2d 210, 213 (Ct. App. 2002) (holding an issue must be raised to and ruled upon by the trial court in order to be considered on appeal).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
SHORT, WILLIAMS, and GEATHERS, JJ., concur.