State v. McKenzie

Full title: The State, Respondent, v. Leroy Alvin McKenzie, Appellant.

Court: THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Dec 2, 2011

Unpublished Opinion No. 2011-UP-528 (S.C. Ct. App. Dec. 2, 2011)

Opinion

Unpublished Opinion No. 2011-UP-528

12-02-2011

The State, Respondent, v. Leroy Alvin McKenzie, Appellant.

Leroy A. McKenzie, pro se. Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

PER CURIAM

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.

Appeal From Sumter County

Howard P. King, Circuit Court Judge

AFFIRMED

Leroy A. McKenzie, pro se.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

PER CURIAM : Leroy Alvin McKenzie appeals the circuit court's order denying his post-trial motions, arguing the circuit court erred in not allowing him to amend a motion for a new trial after he exhausted his direct appeal.¹ We affirm² pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Williams, 386 S.C. 503, 509, 690 S.E.2d 62, 65 (2010) ("In criminal cases, the appellate court sits to review errors of law only." (citation and internal quotation marks omitted)); Rule 29(a), SCRCrimP ("Except for motions for new trials based on after-discovered evidence, post trial motions shall be made within ten (10) days after the imposition of the sentence."); S.C. Code Ann. § 17-27-20 (2003) (providing that post-conviction relief is the exclusive remedy to challenge a conviction once a direct appeal is exhausted).

1 Because they were never ruled on by the circuit court, all other issues raised by McKenzie are unpreserved for our review. State v. Moore, 357 S.C 458, 464-65, 593 S.E.2d 608, 612 (2004) (holding that an issue must be raised to and ruled upon by the circuit court in order to be preserved for appellate review).

2 We decide this case without oral argument pursuant to Rule 215, SCACR.
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AFFIRMED.

FEW, C.J., THOMAS and KONDUROS, JJ., concur.