Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2010-UP-320 - State v. Barbee

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.

Joshua Barbee, Appellant.


Appeal From Aiken County
Michael G. Nettles, Circuit Court Judge


Unpublished Opinion No. 2010-UP-320
Submitted June 1, 2010 – Filed June 22, 2010   


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Joshua Barbee appeals the revocation of his probation.  On appeal, Barbee argues the trial court abused its discretion "by not continuing [him] on probation, [and giving] him an active [youthful offender] sentence, when a lesser punishment was appropriate."  The trial court acted within its discretion in revoking Barbee's probation.  S.C. Code Ann. § 24-21-460 (2007).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Shumate, 276 S.C. 46, 47, 275 S.E.2d 288, 288 (1981) (holing a defendant's failure "to object to or seek modification of the revocation sentence in the trial court" precludes challenging the sentence on appeal).

AFFIRMED.

FEW, C.J., WILLIAMS, J., and CURETON, A.J., concur.


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