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2010-UP-413 - State v. Upham

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.

Keith Edward Upham, Appellant.


Appeal From York County
 Kristi Lea Harrington, Circuit Court Judge


Unpublished Opinion No.   2010-UP-413
Submitted September 1, 2010 – Filed September 20, 2010


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Keith Edward Upham appeals the revocation of his probation.  On appeal, Upham argues the probation revocation court erred in revoking his probation without first finding a willful violation and without a sufficient evidentiary basis for the revocation. 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) (noting an issue must be raised to and ruled upon by the probation revocation court in order to be preserved for review).

AFFIRMED.

SHORT, THOMAS, and LOCKEMY, JJ., concur.


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