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2012-UP-258 - State v. Hiott

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.

Joseph Wade Hiott, Appellant.


Appeal From Berkeley County
Kristi Lea Harrington, Circuit Court Judge


Unpublished Opinion No.  2012-UP-258 
Submitted April 2, 2012 – Filed May 2, 2012


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 William M. Blitch, Jr., all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Joseph Wade Hiott appeals his convictions of assault and battery, possession of a stolen vehicle, and failure to stop for blue lights, arguing the trial court erred in failing to declare a mistrial when the victim testified Hiott had recently been released from jail.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("In order for an issue to be preserved for appellate review, it must have been raised to and ruled upon by the trial [court].  Issues not raised and ruled upon in the trial court will not be considered on appeal."). 

  AFFIRMED.

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


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