State v. Moody

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.

James Aquan
Moody, Appellant.

Appeal From Richland County

 Reginald I. Lloyd, Circuit Court Judge

Unpublished Opinion No. 2007-UP-519

Submitted November 1, 2007 – Filed
November 9, 2007  

AFFIRMED

Aileen P. Clare, of Columbia, for Appellant.

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

PER CURIUM:  James
Aquan Moody was convicted of second-degree burglary and was sentenced to ten
years’ imprisonment, suspended upon the service of three years’ probation.  He appeals
from the revocation of his probation.  We affirm.[1]

Moody contends the
trial court abused its discretion in failing to order a mental evaluation to
address Moody’s competency.  We find that this issue is not preserved for our
review.  Although defense counsel raised the issue at the outset of the
probation revocation hearing, following a recess in the hearing, counsel abandoned
his request for the evaluation and stated Moody was “prepared to admit his
violations” at that time.  Defense counsel made no reference to his earlier
request for a mental evaluation and did not object to proceeding with the
hearing.  Accordingly, we are constrained to affirm.  See State v. Johnson, 363 S.C. 53, 58, 609 S.E.2d 520, 523 (2005) (“To preserve an
issue for review there must be a contemporaneous objection that is ruled upon
by the trial court.”).  We decline to address the additional sustaining grounds
raised by the State. 

AFFIRMED.

HEARN, C.J.,
KITTREDGE and THOMAS, J.J., concur.

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