State v. McDaniel

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.

Robby McDaniel, Appellant.

Appeal From Dorchester County

 James C. Williams, Jr., Circuit Court
Judge

Unpublished Opinion No. 2010-UP-255

Submitted April 1, 2010 – Filed April 26,
2010   

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Robby McDaniel appeals the revocation of his probation.  He contends the
circuit court erred in revoking his probation based solely on the fact that he
was terminated from sex offender counseling because he was in denial.  He
asserts this was error because the initial order did not require a successful
completion of counseling and did not require an admission of guilt as a
condition of the successful completion of counseling.  We affirm[1] pursuant to
Rule 220(b)(1), SCACR, and the following authorities: State
v. Bryant, 372 S.C. 305, 315-16,
642 S.E.2d 582, 588 (2007) (holding if an appellant conceded the trial court's
ruling was not prejudicial, he could not assert on appeal the ruling denied him
a fair trial); State v. Mitchell, 330 S.C. 189, 195, 498 S.E.2d 642,
645 (1998) (finding when an appellant acquiesces in the trial court's
ruling, the issue is procedurally barred); Ex parte McMillan, 319 S.C.
331, 335, 461 S.E.2d 43, 45 (1995) (providing a party cannot concede an issue
at trial and then complain on appeal). 

AFFIRMED.

HUFF, THOMAS, and KONDUROS, JJ., concur.

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