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2012-UP-049 - State v. Culp

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.

Frank Anthony Culp, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No.  2012-UP-049 
Submitted January 3, 2012 – Filed January 25, 2012


AFFIRMED


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

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Frank Anthony Culp appeals the circuit court's order revoking his probation and reinstating in full the original suspended sentences.  He argues the circuit court abused its discretion because a lesser sentence would have been suitable given the nature of his violation.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Lee, 350 S.C 125, 130, 564 S.E.2d 372, 375 (Ct. App. 2002) ("An issue must be raised to and ruled upon by the [circuit court] to be preserved for appellate review."); State v. Shumate, 276 S.C. 46, 46-47, 275 S.E.2d 288, 288 (1981) (holding not preserved for review an appellant's challenge of the circuit court's authority "to revoke in the manner prescribed [his] probationary sentence previously imposed and admittedly violated" where appellant did not "object to or seek modification of the revocation sentence in the [circuit] court"). 

AFFIRMED.

SHORT, WILLIAMS, and GEATHERS, JJ., concur.


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