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2010-UP-177 - State v. Gary Hoard, Jr.

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.

Gary A. Hoard, Jr., Appellant.


Appeal From Horry County
Edward B. Cottingham, Circuit Court Judge
Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2010-UP-177
Submitted February 1, 2010 – Filed March 1, 2010   


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; Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Gary A. Hoard, Jr., appeals his convictions and sentences for second-degree burglary and petty larceny.  He argues the trial court erred in failing to give the Telfaire[1] jury charge and in denying his motion for directed verdict.  We affirm[2] pursuant to Rule 220(b), SCACR, and the following authorities:  State v. Lee, 350 S.C. 125, 130, 564 S.E.2d 372, 375 (Ct. App. 2002) (holding an issue must be raised and ruled upon by the trial court to be preserved for appellate review); State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) (holding if there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, the appellate court must find the case was properly submitted to the jury).

AFFIRMED.

PIEPER, GEATHERS, JJ., and CURETON, A.J., concur.


[1] U.S. v. Telfaire, 469 F.2d 552, 558-59 (D.C. Cir. 1972).

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