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2009-UP-173 - State v. Wilson

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.

Eric Wilson, Appellant.


Appeal From Darlington County
James E. Lockemy, Circuit Court Judge


Unpublished Opinion No. 2009-UP-173
Submitted April 1, 2009 – Filed April 27, 2009   


AFFIRMED


Chief Appellate Defender Joseph L. Savitz, III, 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 J. Anthony Mabry, all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: Eric Wilson appeals from a jury verdict finding him guilty of murder and the possession of a firearm during the commission of a violent crime.  Wilson argues the circuit court erred in preventing him from impeaching the testimony of the State's key witness.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) (internal citations omitted) (contending a party may not argue one ground at trial and an alternate ground on appeal); Ex parte McMillan, 319 S.C. 331, 337, 461 S.E.2d 43, 46 (1995) (declaring a party cannot raise an argument for the first time on appeal); Courie v. Courie, 288 S.C. 163, 167, 341 S.E.2d 646, 648 (Ct. App. 1986) (explaining a party cannot allege error occurred at trial where counsel "voluntarily failed to pursue a permitted line of questioning").

AFFIRMED.[1]

Huff, Williams, and Konduros, JJ., concur.


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