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2009-UP-112 - State v. Foster

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.

Richard Lamonte Foster, Appellant.


Appeal From York County
 Larry R. Patterson, Circuit Court Judge


Unpublished Opinion No. 2009-UP-112
Submitted March 2, 2009 – Filed March 3, 2009


AFFIRMED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

John Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Richard Lamonte Foster appeals his probation revocation.  He argues the trial court erred in revoking his probation without: (1) making the required finding that the failure to pay restitution was willful; (2) providing a preliminary revocation hearing; and (3) giving him credit for time served on probation.  We affirm[1] pursuant to Rule 220(b), SCACR, and State v. Conyers, 326 S.C. 263, 266, 487 S.E.2d 181, 183 (1997) (holding an issue must be raised to and ruled upon by trial judge to be preserved for appellate review).

AFFIRMED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.


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