State v. Morgan

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.

Larry Morgan, Appellant.

Appeal From Spartanburg County

Gordon G. Cooper, Circuit Court Judge

Unpublished Opinion No. 2010-UP-335

Submitted June 1, 2010 – Filed June 29,
2010   

AFFIRMED

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

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM: Larry Morgan appeals the revocation of his probation,
arguing the circuit court erred in revoking his probation based on a violation of
a condition of supervision imposed by the South Carolina Department of
Probation, Parole and Pardon Services (the Department).  Because sex offender
condition number four enhances condition of probation number four imposed by
the sentencing court,[1] we affirm[2] pursuant to Rule 220(b)(1), SCACR,
and the following authorities: S.C. Code Ann. § 24-21-460 (2007) (providing the
circuit court may revoke probation based on a violation of a judicially imposed
condition of probation); State v.
Stevens, 373 S.C. 595, 598, 646
S.E.2d 870, 872 (2007) (finding a condition of supervision imposed by the
Department is a valid ground for revocation when it enhances a court imposed
condition of probation).

AFFIRMED.

FEW, C.J.,
THOMAS, and PIEPER, JJ., concur.

[1] This court may affirm any ruling, order, decision or
judgment upon any ground appearing in the Record on Appeal.  Rule 220(c),
SCACR.

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