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2008-UP-568 - State v. Pope

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.

Lisa Peterson Pope, Appellant.


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


Unpublished Opinion No. 2008-UP-568
Submitted October 1, 2008 – Filed October 13, 2008


AFFIRMED


Appellate Defender Katherine H. Hudgins, of Columbia, for Appellant.

Deputy Director Theresa A. Knox, Tommy Evans, Jr., J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIAM:  Lisa Peterson Pope pled guilty to possession of crack cocaine and was sentenced to five years, suspended upon the service of two years probation, with probation to terminate upon payment of fines and fees after one year.  Following a probation revocation hearing, the court revoked forty-two months of her suspended sentence and terminated her probation.  Pope appeals, arguing the circuit court erred in revoking her probation for failure to re-report to the Restitution Center when the Restitution Center was not part of the original sentence and the only monies owed at the time of the revocation were supervision fees.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Lee,  350 S.C. 125, 129-30, 564 S.E.2d 372, 374-75 (Ct. App. 2002) (noting in probation revocation appeal that an issue must be raised to and ruled upon by the trial judge to be preserved for appellate review);  State v. Shumate, 276 S.C. 46, 47, 275 S.E.2d 288, 288 (1981) (holding where appellant’s contention was not advanced at the probation revocation hearing, failure to object or seek modification of the revocation sentence in the trial court foreclosed consideration of issue on appeal).

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.


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