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2010-UP-271 - City of Columba v. Lin Haiyan

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

City of Columbia, Respondent,

v.

Haiyan Lin, Appellant.


Appeal From Richland County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No.   2010-UP-271
Submitted March 1, 2010 – Filed May 14, 2010


AFFIRMED


Haiyan Lin, pro se, for Appellant.

Dana Marie Thye, of Columbia, for Respondent.

PER CURIAM: Haiyan Lin, pled guilty to several property code violations and the municipal court imposed six thirty-day suspended sentences totaling 180 days.  After finding Lin failed to comply with the conditions of suspension regarding three of the sentences, the municipal court imposed ninety days jail time.  Lin now appeals the circuit court's decision affirming the municipal court.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:

1. As to whether the circuit court erred in relying on the municipal court's order finding Lin failed to make substantial progress: Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998) ("[A]n issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review.").

2. As to whether the circuit court erred in finding the municipal court had jurisdiction:  S.C. Code Ann. § 14-25-45 (Supp. 2009) (providing that municipal courts have jurisdiction to hear "all cases arising under the ordinances of the municipality for which established").   

3. This court need not address Lin's remaining issues because they are manifestly without merit.  Rule 220(b)(2), SCACR (stating that a point that is manifestly without merit need not be addressed).

AFFIRMED.

FEW, C.J., SHORT, and LOCKEMY, JJ., concur.


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