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2009-UP-607 - State v. Anderson

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.

Charlie Anderson, Jr., Appellant.


Appeal From Spartanburg County
 Gordon G. Cooper, Circuit Court Judge


Unpublished Opinion No.  2009-UP-607
Submitted December 1, 2009 – Filed December 22, 2009


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

John Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Charlie Anderson, Jr. was serving a probationary sentence for armed robbery.  While on probation, Anderson tested positive for drugs, failed to notify his probation agent of subsequent arrests, and failed to pay fees.  The trial court revoked his probation in full.  Anderson appeals the revocation of his probation, arguing the trial court erred by not making any evidentiary findings to support its decision.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Shumate, 276 S.C. 46, 47, 275 S.E.2d 288, 288 (1981) ("A defendant's failure to timely object to or seek modification of his sentence in the trial court precludes him from presenting his objection for the first time on appeal."); State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding the trial court has discretion to revoke probation, and the appellate court can only review for errors of the law "unless the lack of legal or evidentiary basis indicates the circuit judge's decision was arbitrary and capricious").

AFFIRMED.

Williams, pieper, and lockemy, JJ., concur. 


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