State v. Foster

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.

Richard Lamonte
Foster, Appellant.

Appeal From York County

 Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2009-UP-112

Submitted March 2, 2009 – Filed March 3,
2009

AFFIRMED

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

John Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Richard Lamonte Foster appeals his probation revocation.  He
argues the trial court erred in revoking his probation without: (1) making the
required finding that the failure to pay restitution was willful; (2) providing
a preliminary revocation hearing; and (3) giving him credit for time served on
probation.  We affirm[1] pursuant to Rule 220(b), SCACR, and State
v. Conyers, 326 S.C. 263, 266, 487 S.E.2d 181, 183 (1997) (holding an issue
must be raised to and ruled upon by trial judge to be preserved for appellate
review).

AFFIRMED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.

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