Greenville County v. Brooks ( 2013 )


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  • 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
    Greenville County, Respondent,
    v.
    Dennis Darrell Brooks, Appellant.
    Appellate Case No. 2011-192348
    Appeal From Greenville County
    G. Edward Welmaker, Circuit Court Judge
    Unpublished Opinion No. 2013-UP-002
    Submitted December 3, 2012 – Filed January 2, 2013
    AFFIRMED
    Grant Henry Gibson, of G. Gibson & Associates, LLC, of
    Taylors, for Appellant.
    H. Dean Campbell and Kimberly N. Wunder, both of the
    Greenville County Attorney's Office, of Greenville, for
    Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: Indigo Assocs. v. Ryan Inv. Co., 
    314 S.C. 519
    , 523, 
    431 S.E.2d 271
    ,
    273 (Ct. App. 1993) ("The circuit court, acting as an appellate court in a case heard
    by the magistrate, cannot consider questions that have not been presented to the
    magistrate."); State v. Gault, 
    375 S.C. 570
    , 573, 
    654 S.E.2d 98
    , 99-100 (Ct. App.
    2007) (holding a constitutional argument advanced on appeal to the circuit court
    but not raised before the magistrate is not preserved for this court's review).
    AFFIRMED.1
    HUFF, THOMAS, and GEATHERS, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2013-UP-002

Filed Date: 1/2/2013

Precedential Status: Non-Precedential

Modified Date: 10/22/2024