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2004-UP-395 - State v. Backus

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.

John Henry Backus,        Appellant.


Appeal From Florence County
B. Hicks Harwell, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-395
Submitted June 8, 2004 – Filed June 22, 2004


AFFIRMED


Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM:  John Henry Backus appeals his conviction for assault and battery of a high and aggravated nature.  We affirm [1] pursuant to Rule 220(b)(2), SCACR and the following authorities:  State v. McHoney, 344 S.C. 85, 99, 544 S.E.2d 30, 37 (2001) (noting a contemporaneous objection is required to preserve an issue for direct appellate review); State v. Huggins, 336 S.C. 200, 205, 519 S.E.2d 574, 577 (1999) (“It is well-settled that issues may not be raised for the first time on appeal.”).

AFFIRMED.

HEARN, C.J., STILWELL, J., and CURETON, A.J., concur.


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