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2009-UP-584 - State v. Hoyt

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.

Mark Steven Hoyt, Appellant.


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


Unpublished Opinion No.  2009-UP-584
Submitted December 1, 2009 – Filed December 14, 2009


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Christina J. Catoe, all of Columbia; and Solicitor Kevin S. Brackett, of York, for Respondent.

PER CURIAM:  Mark Steven Hoyt appeals his convictions for possession of crack cocaine with intent to distribute and possession of crack cocaine with intent to distribute within proximity of a school, for which Hoyt received eight years' imprisonment, concurrent with one year of active time and two years' of probation, respectively.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  Rule 208(b)(1)(B), SCACR ("Ordinarily, no point will be considered which is not set forth in the statement of the issues on appeal."); State v. Bailey, 298 S.C. 1, 5-6, 377 S.E.2d 581, 584 (1989) (holding that an issue is not preserved when a party argues one ground for a directed verdict at trial and then an alternative ground on appeal).

AFFIRMED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


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