State v. Perkins ( 2003 )

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

State of S.C., Respondent,

v.

James C. Perkins, Appellant.

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Appeal From Jasper County
Jackson V. Gregory, Circuit Court Judge

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Unpublished Opinion No. 2003-UP-716
Submitted October 15, 2003 – Filed December 11, 2003

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AFFIRMED

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James C. Perkins, of Stockton, for Appellant.

Gail Lovell, of Ridgeland, for Respondent.

PER CURIAM:  Appellant, James C. Perkins, was charged with speeding and driving with expired tags.  Perkins was found guilty as charged in a jury trial in magistrate’s court, and he appealed to the circuit court.  The circuit court affirmed.  We affirm pursuant to Rule 220(b)(2), SCACR and the following authorities:  State v. King, 349 S.C. 142, 157, 561 S.E.2d 640, 648 (Ct. App. 2002) (argument that is conclusory and contains no citation support is deemed abandoned); State v. Tyndall, 336 S.C. 8, 16-17, 518 S.E.2d 278, 282 (Ct. App. 1999) (defendant’s reliance on cases cited in brief on appeal was deemed abandoned where he included only one sentence reference to cases in his brief and did not include in his argument any discussion of cases or their applicability); Rule 208(b)(1)(D), SCACR (“The brief shall be divided into as many parts as there are issues to be argued. At the head of each part, the particular issue to be addressed shall be set forth in distinctive type, followed by discussion and citations of authority.”); State v. Mitchell, 330 S.C. 189, 194, 498 S.E.2d 642, 645 (1998) (burden is on appellant to provide a sufficient record for review); State v. Hicks, 330 S.C. 207, 216, 499 S.E.2d 209, 214 (1998) (an issue must be raised to and ruled on by lower court to be preserved for appellate review); State v. Black, 319 S.C. 515, 518 n. 2, 462 S.E.2d 311, 313 n. 2 (Ct. App. 1995) (an exception to the trial court’s ruling will be deemed abandoned where the appellant fails to specifically argue it in his brief); Loftin v. State, 278 S.C. 376, 377, 296 S.E.2d 532, 533 (1982) (issue cannot be raised for the first time on appeal).

AFFIRMED

HUFF, STILWELL, and BEATTY, JJ., concur.