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2010-UP-277 - State v. Gordon, Billy

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.

Billy Joe Gordon, Appellant.


Appeal From York County
Roger L. Couch, Circuit Court Judge


Unpublished Opinion No.  2010-UP-277 
Submitted May 3, 2010 – Filed May 19, 2010


AFFIRMED


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

John Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Billy Joe Gordon pled guilty to driving under the influence and being a habitual traffic offender.  Gordon was sentenced to three years' imprisonment and a $3,800 fine, suspended upon the service of six months, a payment of $2,100, and five years' probation. Gordon's probation was revoked, and he was sentenced to two-and-a-half years' imprisonment.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: 

1. As to whether the probation court abused its discretion in revoking Gordon's probation without first finding a willful violation and a sufficient evidentiary basis: State v. Hamilton, 333 S.C. 642, 648, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding an issue must be raised to and ruled upon by the trial judge to be preserved for appellate review). 

2. As to whether the probation court violated Gordon's substantive due process rights by imposing  a longer sentence than originally imposed by the sentencing judge: State v. Passamore, 363 S.C. 568, 585, 611 S.E.2d 273, 282 (Ct. App. 2005) (finding "that a challenge to sentencing must be raised at trial, or the issue will not be preserved for appellate review") (quotations and citation omitted). 

AFFIRMED.

HUFF, SHORT, and WILLIAMS, JJ., concur.


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