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2011-UP-081 - State v. Smith

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.

Delwyn Smith, Appellant.


Appeal From Spartanburg County
E. C. Burnett, III, Circuit Court Judge


Unpublished Opinion No. 2011-UP-081
Submitted January 4, 2011 – Filed February 24, 2011   


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, and Assistant Attorney General Mark R. Farthing, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Delwyn Smith appeals his convictions for grand larceny, breaking into an automobile, and two counts of forgery.  He argues the trial court erred in admitting as prior bad acts testimony of earlier drug use and automobile break-ins committed by him.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Sweet, 374 S.C. 1, 5, 647 S.E.2d 202, 205 (2007) ("To properly preserve an issue for review there must be a contemporaneous objection that is ruled upon by the trial court."); State v. Harris, 351 S.C. 643, 652, 572 S.E.2d 267, 272 (2002) (holding an argument not made at trial is not preserved for appeal); State v. Saltz, 346 S.C. 114, 129, 551 S.E.2d 240, 248 (2001) ("The requirement that a party move to strike objectionable testimony applies when an objection has been sustained.").

AFFIRMED.

HUFF and LOCKEMY, JJ., and GOOLSBY, A.J., concur.


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