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2008-UP-515 - State v. Briggs

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.

Raphael L. Briggs, Appellant.


Appeal from Beaufort County
John M. Milling, Circuit Court Judge


Unpublished Opinion No.  2008-UP-515
Submitted September 2, 2008 – Filed September 8, 2008


AFFIRMED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, Office of the Attorney General, of Columbia; and Solicitor C. Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  Raphael L. Briggs appeals his conviction for murder.  Briggs contends the trial court erred in submitting the issue of his status as an invitee, as it related to a self-defense charge, to the jury.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority:  State v. Adams, 354 S.C. 361, 380, 580 S.E.2d 785, 795 (Ct. App. 2003) (holding arguments not raised to or ruled upon by the trial court are not preserved for appellate review, and a defendant may not argue one ground below and another on appeal).                                                                                                                           

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.


[1] Because oral argument would not aid the court in resolving the issues on appeal, we decide this case without oral argument pursuant to Rule 215, SCACR.