DocketNumber: 2003-UP-486
Filed Date: 8/20/2003
Status: Non-Precedential
Modified Date: 10/11/2024
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
James Robert Bagley, Appellant.
Appeal From Charleston County
Gerald C. Smoak, Circuit Court Judge
Unpublished Opinion No. 2003-UP-486
Submitted May 12, 2003 Filed August
20, 2003
AFFIRMED
J. Joseph Condon, Jr., of North Charleston, for Appellant
Deputy Director for Legal Services Theresa A. Knox, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondent.
PER CURIAM: In October 2000, Robert Bagley pled guilty to pointing and presenting a firearm. He was sentenced to five years imprisonment, suspended on the service of five years probation. Bagley was charged with violations of his probation in November 2001. At a hearing on the charges, the circuit court modified Bagleys probation to include a condition effectively banishing Bagley from the city of Mount Pleasant, South Carolina. The circuit court the continued Bagleys probation, rather than revoking it. We affirm [1] pursuant to Rule 220(b)(2), SCACR, and the following authorities: State v. Nichols, 325 S.C. 111, 120-21, 481 S.E.2d 118, 123 (1997) (stating [a]n issue may not be raised for the first time on appeal, but must have been raised to the trial judge to be preserved for appellate review); State v. Varvil, 338 S.C. 335, 339, 526 S.E.2d 248, 250 (Ct. App. 2000) (stating Constitutional arguments are no exception to the rule, and if not raised to the trial court are deemed waived on appeal.).
AFFIRMED.
GOOLSBY and HOWARD, JJ., and BEATTY, A.J., concur.
[1] We decide this case without oral argument pursuant to Rule 215, SCAR.