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State v. Smith

Court of Appeals of South Carolina
Dec 18, 2019
2019-UP-388 (S.C. Ct. App. Dec. 18, 2019)

Opinion

2019-UP-388

12-18-2019

The State, Respondent, v. Jeremiah Jermaine Brandon Smith, Jr., Appellant. Appellate Case No. 2018-000100

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia; and Solicitor Ernest Adolphus Finney, III, of Sumter, 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.

Submitted October 1, 2019

Appeal From Clarendon County D. Craig Brown, Circuit Court Judge

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia; and Solicitor Ernest Adolphus Finney, III, of Sumter, for Respondent.

PER CURIAM:

Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the trial [court]. Issues not raised and ruled upon in the trial court will not be considered on appeal."); State v. Smith, 337 S.C. 27, 32, 522 S.E.2d 598, 600 (1999) ("A pretrial ruling on the admissibility of evidence is preliminary and is subject to change based on developments at trial."); id. ("A ruling in limine is not final; unless an objection is made at the time the evidence is offered and a final ruling procured, the issue is not preserved for review."); State v. Garris, 394 S.C. 336, 348, 714 S.E.2d 888, 894-95 (Ct. App. 2011) (holding a defendant's failure to object to the introduction of a photo lineup at trial waived his right to contest its introduction on appeal).

AFFIRMED.

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

LOCKEMY, C.J., and KONDUROS and HILL, JJ., concur.


Summaries of

State v. Smith

Court of Appeals of South Carolina
Dec 18, 2019
2019-UP-388 (S.C. Ct. App. Dec. 18, 2019)
Case details for

State v. Smith

Case Details

Full title:The State, Respondent, v. Jeremiah Jermaine Brandon Smith, Jr., Appellant…

Court:Court of Appeals of South Carolina

Date published: Dec 18, 2019

Citations

2019-UP-388 (S.C. Ct. App. Dec. 18, 2019)