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 Supreme Court

The State, Respondent,

v.

Christopher Schmidt, Appellant.

Appeal from Dorchester County
 Diane Schafer Goodstein, Circuit Court Judge

Memorandum Opinion No. 2005-MO-021
Heard October 19, 2004 – Filed May 23, 2005

AFFIRMED

Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr., Legal Counsel J. Benjamin Aplin and Legal Counsel Lovee M. Watts, all of SC Department of Probation, Parole & Pardon Services, of Columbia, for Respondent.

PER CURIAM:  Affirmed pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Smalls, Op. No. 25988 (S.C. Sup. Ct. filed May 23, 2005) (Shearouse Adv. Sh. No. 21).

TOAL, C.J., MOORE, WALLER, BURNETT and PLEICONES, JJ., concur.