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2008-UP-119 - State v. Freeman

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.

Gregory Freeman, Appellant.


Appeal From Aiken County
 Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2008-UP-119
Submitted February 1, 2008 – Filed February 13, 2008   


AFFIRMED


Appellate Defender Aileen P. Clare, 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 Deborah R. J. Shupe, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Gregory Freeman (Appellant) pled guilty to assault and battery of a high and aggravated nature and was sentenced to ten years in prison.  On appeal, Appellant contends the plea judge erred in accepting his plea because it was not voluntarily and intelligently given since he admitted to striking and choking the victim, but denied that he intended to harm her.  We affirm pursuant to Rule 220(b)(2), 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 judge.  Issues not raised and ruled upon in the trial court will not be considered on appeal.”); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (“Absent timely objection at a plea proceeding, the unknowing and involuntary nature of a guilty plea can only be attacked through the more appropriate channel of Post-Conviction Relief.”). 

AFFIRMED.[1]

HUFF, KITTREDGE, and WILLIAMS, JJ., concur.


[1]  This case is decided without oral argument pursuant to Rule 215, SCACR.