In The Court of Appeals

The State,        Respondent,


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Unpublished Opinion No. 2003-UP-486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


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 Bagley’s probation to include a condition effectively banishing Bagley from the city of Mount Pleasant, South Carolina.  The circuit court the continued Bagley’s 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.”).


GOOLSBY and HOWARD, JJ., and BEATTY, A.J., concur.

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