K. Appellate Review

• Library: Drug Litigation in South Carolina (SCBar) (2021 Ed.)

K. APPELLATE REVIEW

Sentencing is not a question of subject matter jurisdiction.¹⁸⁰ Thus, any challenges to a sentence, such as that the sentence exceeds statutory authority, must be raised at trial.¹⁸¹ If a defendant does not object to the sentence at trial, the issue will not be preserved for appeal.¹⁸

--------

Notes:

^[180] State v. Johnston, 333 S.C. 459, 510 S.E.2d 423 (1999), rev'g, 327 S.C. 435, 489 S.E.2d 228 (Ct. App. 1997). See Chapter IV: Conspiracy, for a more in-depth discussion of Johnston.

^[18...