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2010-UP-368 - State v. Freeman

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.

Randolph Scott Freeman, Appellant.


Appeal From Pickens County
D. Garrison Hill, Circuit Court Judge


Unpublished Opinion No. 2010-UP-368
Submitted June 1, 2010 – Filed July 14, 2010   


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Randolph Scott Freeman was convicted of indecent exposure and sentenced to three years' imprisonment.  The trial court also revoked his probation in full for a second-degree burglary conviction, ordering it to be served consecutively with his indecent exposure sentence. On appeal, Freeman argues the trial court lacked subject matter jurisdiction because he was not served or arrested on a probation violation warrant prior to his probation being revoked.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. §  24-21-300 (2007) (stating a citation and affidavit can be issued and served in lieu of a probation violation warrant for probation revocation); State v. Howard, 384 S.C. 212, 224, 682 S.E.2d 42, 48 (Ct. App. 2009) (finding the trial court had jurisdiction to revoke probation because defendant was served with the citation and affidavit during the sentencing hearing and prior to revoking probation).

AFFIRMED.

SHORT, KONDUROS, and GEATHERS, JJ., concur.


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