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2007-MO-044 - State v. Castro

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 Supreme Court

The State, Respondent,

v.

Eric Castro, Appellant.


Appeal From Dorchester County
Deadra L. Jefferson, Circuit Court Judge


Memorandum Opinion No. 2007-MO-044
Heard June 7, 2007 – Filed June 25, 2007  


AFFIRMED


Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Summerville, for Respondent.


PER CURIAM:  Affirmed pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. McWee, 322 S.C. 387, 472 S.E.2d 235 (1996) (a constitutional argument is unpreserved for appeal where appellant failed to raise the argument at trial); State v. Bailey, 298 S.C. 1, 5-6, 377 S.E.2d 581, 584 (1989) (a party cannot argue one ground for a directed verdict at trial and then an alternative ground on appeal). 

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.