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2010-UP-293 - State v. McGuire

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.

Christopher S. McGuire, Appellant.


Appeal From Greenwood County
Wyatt T. Saunders, Jr, Circuit Court Judge


Unpublished Opinion No. 2010-UP-293
Submitted May 3, 2010 – Filed May 27, 2010   


AFFIRMED


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

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

PER CURIAM:  The circuit court revoked Christopher S. McGuire's probation finding he failed to follow the instructions of his probation agent and failed to attended sex offender counseling.  McGuire appeals the revocation of his probation, arguing the circuit court erred in revoking his probation without finding his failure to attend sex offender counseling was willful.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Hicks, Op. No. 26812 (S.C. Sup. Ct. filed May 3, 2010) (Shearouse Adv. Sh. No. 17 at 13) (holding when probation is revoked based upon more than one violation, an appellate court must affirm unless all grounds for revocation are challenged).

AFFIRMED.

FEW, C.J., THOMAS and PIEPER, JJ., concur. 


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