State v. Salyer

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Frederick
George Salyer, Appellant.

Appeal From York County

 G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No. 2008-UP-222

Submitted April 1, 2008 – Filed April 11,
2008

AFFIRMED

Chief Attorney
Joseph L. Savitz, III, of Columbia, for Appellant.

Teresa A. Knox, Tommy Evans, Jr., and J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIAM:  Frederick George Salyer appeals his
probation revocation arguing the circuit court erred by revoking his probation
based upon an out-of-court recommendation by his probation agent presented to
the court by a different probation agent. We
affirm[1] pursuant to S.C. Code Ann. § 14-8-250 (Supp. 2003), Rule 220(b), SCACR, and the
following authorities:  State v.
Hamilton, 333 S.C. 642, 648, 511
S.E.2d 94, 96 (Ct. App. 1999) (explaining an issue must be raised to and ruled
upon by the revocation judge to be preserved for appellate review); State v. Barlow,
372 S.C. 534, 539, 643 S.E.2d 682, 685 (2007) (holding a probation agent is
permitted to present the State’s case in a revocation proceeding).

AFFIRMED.

ANDERSON, SHORT and THOMAS, JJ., concur.

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