State v. Salyer ( 2008 )

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.

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Appeal From York County
G. Edward Welmaker, Circuit Court Judge

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Unpublished Opinion No. 2008-UP-222
Submitted April 1, 2008 – Filed April 11, 2008

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AFFIRMED

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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.

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