State v. Barbee

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.

Joshua Barbee, Appellant.

Appeal From Aiken County

Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2010-UP-320

Submitted June 1, 2010 – Filed June 22,
2010   

AFFIRMED

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

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM: Joshua
Barbee appeals the revocation of his probation.  On appeal, Barbee argues the
trial court abused its discretion "by not continuing [him] on probation,
[and giving] him an active [youthful offender] sentence, when a lesser
punishment was appropriate."  The trial court acted within its discretion
in revoking Barbee's probation.  S.C. Code Ann. §
24-21-460 (2007).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the
following authority: State v. Shumate,
276 S.C. 46, 47, 275 S.E.2d 288, 288 (1981) (holing a defendant's failure
"to object to or seek modification of the
revocation sentence in the trial court" precludes challenging the sentence
on appeal).

AFFIRMED.

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

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