State v. James Eddie Vickery, Jr.

• Court: Court of Appeals of South Carolina
• Decided: March 15, 2010
• Docket: 2010-UP-208
• Status: Unpublished

Opinion

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.

James Eddie Vickery, Jr., Appellant.

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Appeal From Pickens County
 Larry R. Patterson, Circuit Court Judge

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Unpublished Opinion No. 2010-UP-208
Submitted March 1, 2010 – Filed March 15, 2010   

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AFFIRMED

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Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General A. West Lee, all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  James Eddie Vickery, Jr., appeals his convictions for trafficking methamphetamine and possession of methamphetamine with intent to distribute within one-half mile of a park.  Vickery was sentenced to ten years' imprisonment on both charges, to run concurrently.  Vickery now argues the trial court erred in not instructing the jury on the laws of entrapment and sentencing entrapment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) (holding issues not raised and ruled upon in the trial court will not be considered on appeal); State v. Jamison, 221 S.C. 312, 322, 70 S.E.2d 342, 345-46 (1952) ("The failure to request instructions on any particular point is regarded waiver of the right to such instruction and acquiescence in the omission.").

AFFIRMED.

HUFF, THOMAS, and KONDUROS, JJ., concur. 

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[1] We decide this case without oral argument pursuant to Rule 215, SCACR.