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2009-UP-421 - State v. Baesher

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.

Matthew John Baesher, Appellant.


Appeal From Greenville County
Charles B. Simmons, Jr., Special Circuit Court Judge


Unpublished Opinion No. 2009-UP-421
Submitted September 1, 2009 – Filed September 3, 2009   


AFFIRMED


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

Assistant Chief Legal Counsel J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Matthew John Baesher appeals his probation revocation, arguing the trial court erred in revoking his probation and imposing GPS monitoring on him.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities:  State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding an appellate court's authority to review a probation revocation is confined to correcting errors of law unless the lack of legal or evidentiary basis indicates the circuit judge's decision was arbitrary and capricious); S.C. Code Ann. § 23-3-540(C) (Supp. 2008) (stating a court must order active electronic monitoring for a person who is required to register as a sex offender for committing or attempting a lewd act upon a child under sixteen and violates a term of his probation).     

AFFIRMED.[1]

HEARN, C.J., KONDUROS, and LOCKEMY, JJ., concur. 


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