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2009-UP-606 - State v. Johnson

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.

Donald Hugh Johnson, Appellant.


Appeal From Spartanburg County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2009-UP-606
Submitted December 1, 2009 – Filed December 22, 2009


AFFIRMED


Tara  Shurling, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, all of Columbia, for Respondent.

PER CURIAM:  Donald Hugh Johnson appeals his convictions for three counts of criminal sexual conduct with a minor in the second degree, one count of contributing to the delinquency of a minor, and one count of committing or attempting a lewd act upon a child under sixteen.  Johnson argues the trial court erred in allowing the Victim's testimony about Johnson's attempt to have sexual intercourse with her because Johnson was charged with less egregious crimes.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-4 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the trial judge. Issues not raised and ruled upon in the trial court will not be considered on appeal.").

AFFIRMED.

Williams, pieper, and lockemy, JJ., concur. 


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