State v. Rogers

• Court: Court of Appeals of South Carolina
• Decided: June 29, 2011
• Docket: 2011-UP-348
• Status: Unpublished

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.

Barbara J. Rogers, Appellant.

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

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Unpublished Opinion No.  2011-UP-348
Submitted June 1, 2011 – June 29, 2011

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AFFIRMED

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Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Barbara J. Rogers appeals the circuit court's full revocation of her probation, arguing the circuit court violated her due process rights by revoking her probation without first finding that she willfully violated the terms of her probation.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Hamilton, 333 S.C. 642, 649, 511 S.E.2d 94, 97 (Ct. App. 1999) ("It is only when probation is revoked solely for failure to pay fines or restitution that a finding of willfulness is mandatory.") (emphasis in original).

AFFIRMED.

FEW, C.J., HUFF, J., and GOOLSBY, A.J., concur.

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