State v. Foster ( 2012 )

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.
Bert Wayne Foster, Appellant.
__________
Appeal From Spartanburg County
Roger L. Couch, Special Circuit Court Judge
__________
Unpublished Opinion No. 2012-UP-485
Submitted May 1, 2012 – Filed August 8, 2012
__________
AFFIRMED
__________
Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior
Assistant Deputy Attorney General Salley W. Elliott,
and Assistant Attorney General Mark R. Farthing, all
of Columbia; and Solicitor Barry J. Barnette, of
Spartanburg, for Respondent.
PER CURIAM: Bert Wayne Foster appeals the sentences he received
for two armed robbery convictions, arguing the trial court erred in imposing
consecutive sentences. We affirm1 pursuant to Rule 220(b)(1), 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. Passmore, 363 S.C. 568, 585, 611 S.E.2d 273, 282 (Ct.
App. 2005) ("[A] challenge to sentencing must be raised at trial, or the issue
will not be preserved for appellate review." (quoting State v. Johnston, 333
S.C. 459, 462, 510 S.E.2d 423, 425 (1999)) (internal quotation marks
omitted)).
AFFIRMED.
FEW, C.J., and HUFF and SHORT, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.