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2009-UP-586 - State v. Freeman

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.

Anthony L. Freeman, Appellant.


Appeal From Chesterfield County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2009-UP-586
Submitted December 1, 2009 – Filed December 14, 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 Julie M. Thames, of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for Respondent.

PER CURIAM: Anthony L. Freeman appeals his guilty plea to possession with intent to distribute marijuana.  Freeman argues the trial court abused its discretion by not allowing Freeman to withdraw his guilty plea.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review.").

Affirmed.

Short, Thomas, and Konduros, JJ., concur.


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