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2010-UP-335 - State v. Morgan

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.

Larry Morgan, Appellant.


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


Unpublished Opinion No. 2010-UP-335
Submitted June 1, 2010 – Filed June 29, 2010   


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Larry Morgan appeals the revocation of his probation, arguing the circuit court erred in revoking his probation based on a violation of a condition of supervision imposed by the South Carolina Department of Probation, Parole and Pardon Services (the Department).  Because sex offender condition number four enhances condition of probation number four imposed by the sentencing court,[1] we affirm[2] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 24-21-460 (2007) (providing the circuit court may revoke probation based on a violation of a judicially imposed condition of probation); State v. Stevens, 373 S.C. 595, 598, 646 S.E.2d 870, 872 (2007) (finding a condition of supervision imposed by the Department is a valid ground for revocation when it enhances a court imposed condition of probation).

AFFIRMED.

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


[1] This court may affirm any ruling, order, decision or judgment upon any ground appearing in the Record on Appeal.  Rule 220(c), SCACR.

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