Opinion
Appellate Case No. 2018-000373 Unpublished Opinion No. 2021-UP-199
06-09-2021
The State, Respondent, v. Varsheen Antuan Smith, Appellant.
Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both 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.
Appeal From Beaufort County
Brooks P. Goldsmith, Circuit Court Judge
AFFIRMED
Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. PER CURIAM: Varsheen Antuan Smith appeals his convictions for kidnapping, possession of a handgun by a person convicted of a violent crime, and possession of a weapon during the commission of a violent crime and concurrent sentences of five years' imprisonment for each gun conviction and twenty-five years' 2 imprisonment for the kidnapping conviction. Initially, Smith's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asking to be relieved as counsel and arguing the trial court erred by admitting evidence that Monte Ver'mon Steve was found murdered weeks after Andre Frazier's kidnapping. After an Anders review, this court ordered the parties to brief the Anders issue and to include a preservation analysis. Because Smith agreed the State could present evidence of Steve's death and Tyrone Wallace's murder charge, Smith only wanted the trial court not to permit the State to discuss any evidence related to his charge for accessory after the fact, and the evidence presented at trial was consistent with what Smith requested, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: TNS Mills, Inc. v. S.C. Dep't of Revenue, 331 S.C. 611, 617, 503 S.E.2d 471, 474 (1998) ("An issue conceded in a lower court may not be argued on appeal."); State v. Benton, 338 S.C. 151, 156-57, 526 S.E.2d 228, 231 (2000) (holding an issue was unpreserved for appellate review when the appellant conceded the issue at trial); Jean Hoefer Toal et al., Appellate Practice in South Carolina 187 (3d ed. 2016) ("An issue is not preserved for appellate consideration if it has been conceded in the trial court."); State v. Brown, 389 S.C. 84, 95, 697 S.E.2d 622, 628 (Ct. App. 2010) ("[The defendant] got the relief asked for and cannot complain on appeal."). AFFIRMED. LOCKEMY, C.J., and HUFF and HEWITT, JJ., concur.