State v. Causey

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.

Ronald Causey, Appellant.

Appeal From Lexington County

Alison Renee Lee, Circuit Court Judge

Unpublished Opinion No. 2011-UP-104

Submitted February 1, 2011 – Filed March
15, 2011   

AFFIRMED

Heath Preston Taylor, of West Columbia,
for Appellant.

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM:  Ronald Causey appeals the circuit
court's order revoking his probation for two years and tolling his probation
while he is incarcerated.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the circuit court
erred in revoking Causey's probation: State v. Williamson, 356 S.C. 507,
510, 589 S.E.2d 787, 788 (Ct. App. 2003) ("[T]he authority
of the [circuit] court to revoke [probation] may not be capriciously or
arbitrarily exercised, but should always be predicated upon an evidentiary
showing of fact tending to establish violation of the conditions.").

2.  As to whether the circuit court
erred in tolling his probation during his incarceration: State v. Bryant,
383 S.C. 410, 418, 680 S.E.2d 11, 15 (Ct. App. 2009) (holding that an issue not
raised to the circuit court revoking probation was not preserved for review).

AFFIRMED.

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

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