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2007-UP-519 - State v. Moody

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

James Aquan Moody, Appellant.


Appeal From Richland County
 Reginald I. Lloyd, Circuit Court Judge


Unpublished Opinion No. 2007-UP-519
Submitted November 1, 2007 – Filed November 9, 2007  


AFFIRMED


Aileen P. Clare, of Columbia, for Appellant.

Teresa A. Knox, Tommy Evans Jr., and J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIUM:  James Aquan Moody was convicted of second-degree burglary and was sentenced to ten years’ imprisonment, suspended upon the service of three years’ probation.  He appeals from the revocation of his probation.  We affirm.[1]

Moody contends the trial court abused its discretion in failing to order a mental evaluation to address Moody’s competency.  We find that this issue is not preserved for our review.  Although defense counsel raised the issue at the outset of the probation revocation hearing, following a recess in the hearing, counsel abandoned his request for the evaluation and stated Moody was “prepared to admit his violations” at that time.  Defense counsel made no reference to his earlier request for a mental evaluation and did not object to proceeding with the hearing.  Accordingly, we are constrained to affirm.  See State v. Johnson, 363 S.C. 53, 58, 609 S.E.2d 520, 523 (2005) (“To preserve an issue for review there must be a contemporaneous objection that is ruled upon by the trial court.”).  We decline to address the additional sustaining grounds raised by the State. 

AFFIRMED.

HEARN, C.J., KITTREDGE and THOMAS, J.J., concur.


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