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State v. Pond

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 21, 2012
Appellate Case No. 2011-202531 (S.C. Ct. App. Nov. 21, 2012)

Opinion

Appellate Case No. 2011-202531

11-21-2012

The State, Respondent, v. Tammy Pond, Appellant.

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. J. Benjamin Aplin, South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.


Appeal From Aiken County

Doyet A. Early, III, Circuit Court Judge


Unpublished Opinion No. 2012-UP-618

AFFIRMED

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. J. Benjamin Aplin, South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent. PER CURIAM : Pond appeals the revocation of her probation, arguing the circuit court erred because her failure to make court ordered payments was not willful, and the circuit court failed to make a finding on the record that the failure was willful. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. § 24-21-460 (2007) (providing the circuit court has the option to "revoke the probation or suspension of sentence" and "require the defendant to serve all or a portion only of the sentence imposed"); State v. Allen, 370 S.C. 88, 94, 634 S.E.2d 653, 655 (2006) ("The determination of whether to revoke probation in whole or part rests within the sound discretion of the [circuit] court."); State v. Hamilton, 333 S.C. 642, 648, 511 S.E.2d 94, 97 (Ct. App. 1999) ("Probation is a matter of grace; revocation is the means to enforce the conditions of probation."); id. at 648-49, 511 S.E.2d at 97 ("[B]efore revoking probation, the circuit [court] must determine if there is sufficient evidence to establish that the probationer has violated [the] probation conditions."); id. at 649, 511 S.E.2d at 97. ("It is only when probation is revoked solely for failure to pay fines or restitution that a finding of willfulness is mandatory.").

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

AFFIRMED.

SHORT, KONDUROS, and LOCKEMY, JJ., concur.


Summaries of

State v. Pond

STATE OF SOUTH CAROLINA In The Court of Appeals
Nov 21, 2012
Appellate Case No. 2011-202531 (S.C. Ct. App. Nov. 21, 2012)
Case details for

State v. Pond

Case Details

Full title:The State, Respondent, v. Tammy Pond, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Nov 21, 2012

Citations

Appellate Case No. 2011-202531 (S.C. Ct. App. Nov. 21, 2012)