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2008-UP-702 - Hankins v. State

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

Calvin Bernard Hankins, S.C.D.C. No. 241248, Appellant,

v.

State of South Carolina, Respondent.


Appeal From Darlington County
 Paul M. Burch, Circuit Court Judge


Unpublished Opinion No. 2008-UP-702
Submitted December 1, 2008 – Filed December 15, 2008   


AFFIRMED


Calvin Hankins, pro se, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Karen C. Ratigan, all of Columbia, for Respondent.

PER CURIAM:  In 1994, Calvin Bernard Hankins pled guilty to voluntary manslaughter and was sentenced to twenty-five years’ imprisonment.  Hankins appeals the circuit court’s dismissal of his petition for a writ of habeas corpus, arguing his petition should be treated as a petition for post-conviction relief and should be considered timely filed.  However, this issue is not preserved for our review because it was never raised to the trial court.  In re Michael H., 360 S.C. 540, 546, 602 S.E.2d 729, 732 (2004) (“An issue may not be raised for the first time on appeal.  In order to preserve an issue for appeal, it must be raised to and ruled upon by the trial court.”).  Furthermore, we note that Hankins’ underlying claim is that the Department of Corrections has calculated his sentence incorrectly.  This Court has reviewed the merits of that claim in a separate opinion issued today, which stems from Hankins’ administrative appeal. 

AFFIRMED.

HEARN, C.J., KONDUROS, J., and GOOLSBY, A.J., concur.