State v. Upham

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.

Keith Edward
Upham, Appellant.

Appeal From York County

 Kristi Lea Harrington, Circuit Court
Judge

Unpublished Opinion No.   2010-UP-413

Submitted September 1, 2010 – Filed
September 20, 2010

AFFIRMED

Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Keith
Edward Upham appeals the revocation of his probation.  On appeal, Upham argues
the probation revocation court erred in revoking his probation without first
finding a willful violation and without a sufficient evidentiary basis for the
revocation. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following
authority: State v. Bryant, 383 S.C. 410, 418, 680 S.E.2d 11, 15
(Ct. App. 2009) (noting an issue must be raised to and ruled upon by the
probation revocation court in order to be preserved for review).

AFFIRMED.

SHORT, THOMAS,
and LOCKEMY, JJ., concur.

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