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2010-UP-327 - State v. Barton

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.

Antonio D. Barton, Appellant.


Appeal From Richland County
G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No. 2010-UP-327
Submitted June 1, 2010 – Filed June 24, 2010   


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 Christina J. Catoe, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Antonio D. Barton appeals his convictions for first-degree burglary, kidnapping, assault and battery of a high and aggravated nature, and attempted armed robbery.  Barton argues the State's closing argument offended his due process rights.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Turner, 373 S.C. 121, 126 n.1, 644 S.E.2d 693, 696 n.1 (2007) (holding in order for an issue to be preserved for review, it must have been raised to and ruled upon by the trial court).  

AFFIRMED.

HUFF, SHORT, and WILLIAMS, JJ., concur.


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