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2011-UP-204 - State v. Gregg

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.

Roscoe Gregg, Appellant.


Appeal From Marion County
Howard P. King, Circuit Court Judge


Unpublished Opinion No. 2011-UP-204
Submitted April 1, 2011 – Filed May 4, 2011   


AFFIRMED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

PER CURIAM: Roscoe Gregg pled guilty to possession of cocaine, first offense.  On appeal, Gregg argues the trial court erred in accepting his guilty plea because no evidence was presented to prove the white substance was cocaine. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Passaro,  350 S.C. 499, 505, 567 S.E.2d 862, 866 (2002) ("[A] guilty plea generally constitutes a waiver of non-jurisdictional defects and claims of violations of constitutional rights."); State v. Lopez, 352 S.C. 373, 378, 574 S.E.2d 210, 213 (Ct. App. 2002) (finding an issue must be raised to and ruled upon by the trial court in order to be considered on appeal).

AFFIRMED.

HUFF, SHORT, and PIEPER, JJ., concur.


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