Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2011-UP-104 - State v. Causey

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.

Ronald Causey, Appellant.


Appeal From Lexington County
Alison Renee Lee, Circuit Court Judge


Unpublished Opinion No. 2011-UP-104
Submitted February 1, 2011 – Filed March 15, 2011   


AFFIRMED


Heath Preston Taylor, of West Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Ronald Causey appeals the circuit court's order revoking his probation for two years and tolling his probation while he is incarcerated.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the circuit court erred in revoking Causey's probation: State v. Williamson, 356 S.C. 507, 510, 589 S.E.2d 787, 788 (Ct. App. 2003) ("[T]he authority of the [circuit] court to revoke [probation] may not be capriciously or arbitrarily exercised, but should always be predicated upon an evidentiary showing of fact tending to establish violation of the conditions.").

2.  As to whether the circuit court erred in tolling his probation during his incarceration: State v. Bryant, 383 S.C. 410, 418, 680 S.E.2d 11, 15 (Ct. App. 2009) (holding that an issue not raised to the circuit court revoking probation was not preserved for review).

AFFIRMED.

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


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