State v. Smith ( 2019 )

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.
Jeremiah Jermaine Brandon Smith, Jr., Appellant.
Appellate Case No. 2018-000100
Appeal From Clarendon County
D. Craig Brown, Circuit Court Judge
Unpublished Opinion No. 2019-UP-388
Submitted October 1, 2019 – Filed December 18, 2019
AFFIRMED
Appellate Defender Lara Mary Caudy, of Columbia, for
Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Joshua Abraham Edwards, both of
Columbia; and Solicitor Ernest Adolphus Finney, III, of
Sumter, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: 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."); State v. Smith, 337 S.C. 27, 32, 522
S.E.2d 598, 600 (1999) ("A pretrial ruling on the admissibility of evidence is
preliminary and is subject to change based on developments at trial."); id. ("A
ruling in limine is not final; unless an objection is made at the time the evidence is
offered and a final ruling procured, the issue is not preserved for review."); State v.
Garris, 394 S.C. 336, 348, 714 S.E.2d 888, 894-95 (Ct. App. 2011) (holding a
defendant's failure to object to the introduction of a photo lineup at trial waived his
right to contest its introduction on appeal).
AFFIRMED.1
LOCKEMY, C.J., and KONDUROS and HILL, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.