State v. Anderson

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.

Charlie
Anderson, Jr., Appellant.

Appeal From Spartanburg County

 Gordon G. Cooper, Circuit Court Judge

Unpublished Opinion No.  2009-UP-607

Submitted December 1, 2009 – Filed
December 22, 2009

AFFIRMED

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

John Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM:  Charlie
Anderson, Jr. was serving a probationary sentence for armed robbery.  While on
probation, Anderson tested positive for drugs, failed to notify his probation
agent of subsequent arrests, and failed to pay fees.  The trial court revoked
his probation in full.  Anderson appeals the revocation of his probation,
arguing the trial court erred by not making any evidentiary findings to support
its decision.  We affirm[1] pursuant to Rule 220(b)(1), SCACR,
and the following authorities:  State
v. Shumate, 276 S.C. 46, 47, 275
S.E.2d 288, 288 (1981) ("A defendant's
failure to timely object to or seek modification of his sentence in the trial
court precludes him from presenting his objection for the first time on appeal."); State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999)
(holding the trial court has discretion to revoke probation, and the appellate
court can only review for errors of the law "unless the lack of legal or
evidentiary basis indicates the circuit judge's decision was arbitrary and
capricious").

AFFIRMED.

Williams, pieper, and
lockemy, JJ., concur. 

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