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. Rajshun Bernard Foster, Appellant.

Appellate Case No. 2019-001571

Appeal From Cherokee County R. Keith Kelly, Circuit Court Judge

Unpublished Opinion No. 2022-UP-057 Submitted January 1, 2022 – Filed February 9, 2022

AFFIRMED

Tommy Arthur Thomas, of Irmo, for Appellant.

Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General J. Anthony Mabry, all of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, all for Respondent.

PER CURIAM: Rajshun Bernard Foster appeals his murder conviction for which the trial court sentenced him to thirty-five years' imprisonment. On appeal, Foster argues the trial court erred in charging the jury that it could infer malice from the use of a deadly weapon because our supreme court issued State v. Burdette1 during the pendency of his appeal. Because Foster failed to object to the jury charge at trial, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: Burdette, 427 S.C. at 505, 832 S.E.2d at 583 ("Our ruling today is effective in this case and in those cases which are pending on direct review or are not yet final, so long as the issue is preserved." (emphasis added)); State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94 (2003) ("Issues not raised and ruled upon in the trial court will not be considered on appeal.").

AFFIRMED.2 THOMAS, GEATHERS, and VINSON, JJ., concur.

427 S.C. 490, 832 S.E.2d 575 (2019).

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