State v. Bagley

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

James Robert Bagley,       
Appellant.

Appeal From Charleston County

Gerald C. Smoak, Circuit Court Judge

Unpublished Opinion No. 2003-UP-486

Submitted May 12, 2003 – Filed August
20, 2003

AFFIRMED

J. Joseph Condon, Jr., of North Charleston, for Appellant

Deputy Director for Legal Services Theresa A. Knox, Legal
Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia,
for Respondent.

PER CURIAM:  In October 2000, Robert Bagley
pled guilty to pointing and presenting a firearm.  He was sentenced to five
years imprisonment, suspended on the service of five years probation.  Bagley
was charged with violations of his probation in November 2001.  At a hearing
on the charges, the circuit court modified Bagley’s probation to include a condition
effectively banishing Bagley from the city of Mount Pleasant, South Carolina. 
The circuit court the continued Bagley’s probation, rather than revoking it. 
We affirm [1] pursuant to Rule
220(b)(2), SCACR, and the following authorities:  State v. Nichols, 325
S.C. 111, 120-21, 481 S.E.2d 118, 123 (1997) (stating “[a]n issue may not be
raised for the first time on appeal, but must have been raised to the trial
judge to be preserved for appellate review”);  State v. Varvil, 338 S.C.
335, 339, 526 S.E.2d 248, 250 (Ct. App. 2000)  (stating “Constitutional arguments
are no exception to the rule, and if not raised to the trial court are deemed
waived on appeal.”).

AFFIRMED.

GOOLSBY and HOWARD, JJ., and BEATTY, A.J., concur.

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