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2009-UP-136 - State v. Rogers

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.

Duston Lenier Rogers, Appellant.


Appeal From Cherokee County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2009-UP-136
Submitted March 2, 2009 – Filed March 10, 2009   


AFFIRMED


Appellate Defender LaNelle C. DuRant, 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 Michelle J. Parsons, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Duston Lenier Rogers appeals his sentence for possession of crack cocaine with intent to distribute (PWID crack cocaine), arguing the trial court erred in treating his PWID crack cocaine conviction as third offense for sentencing purposes.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: State v. Tucker, 319 S.C. 425, 428, 462 S.E.2d 263, 265 (1995) (explaining if an appellant does not object on a specific ground at trial, the argument is procedurally barred); State v. Johnston, 333 S.C. 459, 462, 510 S.E.2d 423, 425 (1999) (stating a challenge to sentencing must be raised at trial, or the issue will not be preserved for appellate review).

AFFIRMED.

SHORT, THOMAS, and GEATHERS, JJ., concur.


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