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2012-UP-129 - State v. Wood

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.

Jaymes Michael Wood, Appellant.


Appeal from Richland County
Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2012-UP-129   
Heard February 14, 2012 – Filed February 29, 2012


AFFIRMED


Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William Blitch, all of Columbia; and Solicitor Warren B. Giese, of Columbia, for Respondent.

PER CURIAM: In this criminal action, Jaymes Michael Wood contends the plea judge erred in not recusing himself from the case when Wood was pleading guilty to criminal sexual conduct (CSC) with a minor, and the plea judge stated prior to sentencing that his own daughter had been assaulted when she was eight years old.  We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:

As to whether the plea judge erred in not recusing himself from Wood's plea, we find Wood did not properly preserve this issue.  See Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review."); Parker v. Shecut, 340 S.C. 460, 496-97, 531 S.E.2d 546, 566 (Ct. App. 2000) (holding a party that fails to move for recusal does not preserve the issue for appellate review), rev'd on other grounds, 349 S.C. 226, 562 S.E.2d 620 (2002); Dixon v. Dixon, 362 S.C. 388, 399, 608 S.E.2d 849, 854 (2005) (holding that an issue first raised in a post-trial motion is not preserved for appellate review). 

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.