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2010-UP-088 - The State v. Phillip Sherman

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.

Phillip Hollis Sherman, Appellant.


Appeal From Greenville County
John C. Few, Circuit Court Judge


Unpublished Opinion No. 2010-UP-088
Submitted January 4, 2010 – Filed February 3, 2010   


Affirmed


Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM: Phillip Sherman appeals from his conviction for failure to stop for a blue light.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Simpson, 325 S.C. 37, 42, 479 S.E.2d 57, 60 (1996) (holding a ruling in limine is not a final ruling on the admissibility of evidence, and unless an objection is made at the time the evidence is offered and a final ruling is made, the issue is not preserved for review);  State v. Benton, 338 S.C. 151, 156-57, 526 S.E.2d 228, 231 (2000) (stating an issue is not preserved for appeal when the issue is conceded at trial); State v. Avery, 333 S.C. 284, 296, 509 S.E.2d 476, 483 (1998) (holding that when an appellant fails to object to a jury charge, the issue is not preserved for appeal).

Affirmed.

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


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