State v. Pond

Court of Appeals of South Carolina

State v. Pond

DecidedNovember 21, 2012

Docket2012-UP-618

StatusUnpublished

This text of State v. Pond (State v. Pond) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Pond, (S.C. Ct. App. 2012).

Pincite

Opinion

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.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Tammy Pond, Appellant.

Appellate Case No. 2011-202531

Appeal From Aiken County Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2012-UP-618 Submitted October 1, 2012 – Filed November 21, 2012

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 affirm1 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.").

AFFIRMED.

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

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Tammy Pond, Appellant.

Appellate Case No. 2011-202531

Appeal From Aiken County Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2012-UP-618 Submitted October 1, 2012 – Filed November 21, 2012

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 affirm1 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.").

AFFIRMED.

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

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

Cite This Page — Counsel Stack

Bluebook (online)

State v. Pond, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pond-scctapp-2012.

Opinion

Related

Cite This Page — Counsel Stack