State v. Carter

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.
Anthony Rodriekus Carter, Appellant.
Appellate Case No. 2011-203566
Appeal From Lancaster County
J. Ernest Kinard, Jr., Circuit Court Judge
Unpublished Opinion No. 2014-UP-178
Submitted February 1, 2014 – Filed April 30, 2014
AFFIRMED
Appellate Defender Kathrine Haggard Hudgins, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Donald J. Zelenka, and Senior
Assistant Attorney General W. Edgar Salter, III, all of
Columbia; and Solicitor Douglas A. Barfield, Jr., of
Lancaster, for Respondent.
PER CURIAM: We find any issue regarding the sufficiency of evidence that
Anthony Rodriekus Carter fired the fatal shot or could be guilty under an
accomplice liability theory is not preserved because he only presented a self-
defense argument to the trial judge in support of his directed verdict motion. We
affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v.
Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693 (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]."); id. at 142, 587 S.E.2d at 694 ("A party may not argue one
ground at trial and an alternate ground on appeal."); State v. Kennerly, 331 S.C.
442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998) ("In reviewing a denial of directed
verdict, issues not raised to the trial court in support of the directed verdict motion
are not preserved for appellate review."); id. ("A defendant cannot argue on appeal
an issue in support of his directed verdict motion when the issue was not presented
to the trial court below.").
AFFIRMED.1
FEW, C.J., and WILLIAMS and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.