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 Greenville County, Respondent, v. Dennis Darrell Brooks, Appellant.

Appellate Case No. 2011-192348

Appeal From Greenville County G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2013-UP-002 Submitted December 3, 2012 – Filed January 2, 2013

AFFIRMED

Grant Henry Gibson, of G. Gibson & Associates, LLC, of Taylors, for Appellant.

H. Dean Campbell and Kimberly N. Wunder, both of the Greenville County Attorney's Office, of Greenville, for Respondent.

PER CURIAM: Affirmed 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. Gault, 375 S.C. 570, 573, 654 S.E.2d 98, 99-100 (Ct. App. 2007) (holding a constitutional argument advanced on appeal to the circuit court but not raised before the magistrate is not preserved for this court's review).

AFFIRMED.1 HUFF, THOMAS, and GEATHERS, JJ., concur.

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