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

In the Matter of the Care and Treatment of Floyd Daniel Lipe, Appellant.

Appeal From Greenwood County
Wyatt T. Saunders, Jr, Circuit Court Judge

Unpublished Opinion No.  2005-UP-057
Submitted December 1, 2004 – Filed January 24, 2005

AFFIRMED

George P. Callison, Jr., of Greenwood, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R. J. Shupe, and Assistant Attorney General David Spencer, all of Columbia, for Respondent.

PER CURIAM:  A jury committed Floyd Daniel Lipe to the Department of Mental Health as a sexually violent predator under the South Carolina Sexually Violent Predator Act found in sections 44-48-10 to 170 of the South Carolina Code (2002).  Lipe appeals, arguing the trial court erred by denying his motions for directed verdict and JNOV, and prohibiting him from admitting a prior mental evaluation.  We affirm. [1]   

FACTS

Lipe was convicted of four counts of a lewd act upon a minor, two counts of criminal sexual conduct with a minor, second degree, and one count of directing, performing, and promoting the performance of minors in sexual acts.  Lipe was released on probation after serving two years in prison.  However, he violated his probation and, within several months