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2011-UP-533 - State v. Criswell

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.

Derrick Criswell, Appellant.


Appeal From Charleston County
R. Markley Dennis, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-533
Submitted November 1, 2011 – Filed December 2, 2011


AFFIRMED


Appellate Defender Robert M. Pachak, 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 Mark R. Farthing, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM:  Derrick Criswell appeals his conviction for distribution of cocaine base, second offense.  Criswell argues the trial court improperly enhanced his conviction to a second offense using a previous conviction for possession of crack cocaine from 1996.  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) (holding an issue must be raised to and ruled upon by the trial court in order to be considered on appeal). 

AFFIRMED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


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