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2011-UP-460 - State v. Doll

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.

Bryan S. Doll, Appellant.


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


Unpublished Opinion No. 2011-UP-460  
Submitted October 1, 2011 – Filed October 19, 2011


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, all of Columbia; and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.

PER CURIAM:  Bryan S. Doll appeals his conviction for second-degree criminal sexual conduct with a minor, arguing the trial court erred in admitting the contents of a forensic interview under section 17-23-175 of the S.C. Code Ann. (Supp. 2010) when the statement was not video or audio recorded and when the State did not comply with the statute.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Nichols, 325 S.C. 111, 120, 481 S.E.2d 118, 123 (1997) (holding an issue must be raised to and ruled upon by the trial court to preserve the issue for appellate review).

AFFIRMED.

FEW, C.J., THOMAS and KONDUROS, JJ., concur.



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