Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2009-UP-543 - State v. Ruger

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.

Donita Shabre Ruger, Appellant.


Appeal From Richland County
 James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2009-UP-543
Submitted November 2, 2009 – Filed November 19, 2009   


Affirmed


Appellate Defender Elizabeth A. Franklin-Best, 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 Deborah R.J. Shupe, and Solicitor Warren B. Giese, all of Columbia, for Respondent.

PER CURIAM:  Donita Shabre Ruger appeals her conviction and eighteen month sentence for breach of trust with fraudulent intent.  Ruger argues the trial court erred in failing to hold a hearing to determine the voluntariness of her confession and failing to give a jury instruction on the reliability of her confession.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003) ("A party may not argue one ground [for error] at trial and an alternate ground on appeal."); State v. Brown, 362 S.C. 258, 261-62, 607 S.E.2d 93, 95 (Ct. App. 2004) (noting the law to be charged is determined by the evidence presented at trial).

AFFIRMED.

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


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