Opinion
2017-UP-339
08-09-2017
The State, Respondent, v. John Henry Dial, Jr., Appellant. Appellate Case No. 2014-002483
Robert William Mills, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General William M. Blitch, Jr. and Solicitor Daniel E. Johnson, all of Columbia, 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 May 1, 2017
Appeal From Richland County G. Thomas Cooper, Jr., Circuit Court Judge
Robert William Mills, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson, Assistant Attorney General William M. Blitch, Jr. and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.
PER CURIAM.
John Henry Dial, Jr. appeals the circuit court's order affirming his conviction in the magistrate's court for two counts of aggravated assault and his resulting sentence of sixty days' imprisonment. On appeal, Dial argues the circuit court erred by not reversing and remanding his case for a new trial because the magistrate's court failed to warn him of the dangers of self-representation. We affirm 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. Henderson, 347 S.C. 455, 457, 556 S.E.2d 691, 692 (Ct. App. 2001) ("In criminal appeals from magistrate or municipal court, the circuit court does not conduct a de novo review, but instead reviews for preserved error raised to it by appropriate exception.").
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
WILLIAMS and KONDUROS, JJ., and LEE, A.J., concur.