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2010-UP-404 - State v. Hardy

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.

Trince Hardy, Appellant.


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


Unpublished Opinion No.  2010-UP-404
Submitted September 1, 2010 – Filed September 16, 2010


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PERCURIAM:  Trince Hardy appeals the revocation of his probation.  On appeal, Hardy argues the probation revocation court erred in revoking his probation by improperly relying on pending charges as evidence of his violations.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Bryant, 383 S.C. 410, 418, 680 S.E.2d 11, 15 (Ct. App. 2009) (finding an issue must be raised to and ruled upon in the probation revocation court to be preserved for appellate review). 

AFFIRMED.

FEW, C.J., HUFF and GEATHERS, JJ., concur. 


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