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2009-UP-267 - State v. Perry

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Lance Perry, Appellant.


Appeal From York County
Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No. 2009-UP-267
Submitted May 1, 2009 – Filed June 2, 2009   


AFFIRMED


Appellate Defender Elizabeth A. Franklin, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Lance Perry pled guilty to second-degree burglary, grand larceny, and criminal conspiracy.  He received concurrent sentences of ten, ten, and five years' imprisonment, respectively.  Perry appeals his guilty plea to criminal conspiracy, arguing the trial court erred in accepting his plea because Perry denied the factual basis of criminal conspiracy.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:  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."); Lucas v. Rawl Family Ltd. P'ship, 359 S.C. 505, 510-11, 598 S.E.2d 712, 715 (2004) ("It is well settled that, but for a very few exceptional circumstances, an appellate court cannot address an issue unless it was raised to and ruled upon by the trial court.").

AFFIRMED. [1]

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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