Opinion
2020-UP-071
03-11-2020
The State, Respondent, v. Untonyo Ferjearl Johnson, Appellant. Appellate Case No. 2017-001673
Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.
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.
Submitted February 1, 2020
Appeal From Calhoun County Maite Murphy, Circuit Court Judge
Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General Jonathan Scott Matthews, both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.
PER CURIAM
Untonyo Ferjearl Johnson appeals his convictions of attempted murder, possession of a weapon during the commission of a violent crime, and possession of a weapon by a person convicted of a violent crime. On appeal, Johnson argues the trial court erred by (1) admitting eyewitness identification from a single photograph and (2) admitting Johnson's statement to law enforcement officers because it was coerced. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:
As to whether the trial court erred in admitting his identification and his statement to law enforcement: 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. Sheppard, 391 S.C. 415, 420-21, 706 S.E.2d 16, 19 (2011) ("[A] party must make a contemporaneous objection that is ruled upon by the trial [court] to preserve an issue for appellate review."); State v. Mueller, 319 S.C. 266, 268, 460 S.E.2d 409, 410 (Ct. App. 1995) ("A ruling on the [pretrial] motion is preliminary, and is subject to change based on developments at trial."); id. ("Because the evidence developed during trial may warrant a change in the ruling, the losing party must renew his objection at trial when the evidence is presented in order to preserve the issue for appeal.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
WILLIAMS, KONDUROS, and HILL, JJ., concur.