CourtListener 10137144•State v. Means
Gesamter Gesetzestext
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State,
Respondent,
v.
George Odell Means,
Appellant.
Appeal From Spartanburg County
Gary E. Clary, Circuit Court Judge
Unpublished Opinion No. 2003-UP-569
Submitted July 15, 2003 Filed September
30, 2003
AFFIRMED
Chief Attorney Daniel T. Stacey, Office of Appellate Defense,
of Columbia, 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: George Odell Means appeals from
the revocation of his probation, arguing the trial court did not have enough
information before it to find that he willfully violated the terms of his probation.
We affirm [1] pursuant to Rule
220, SCACR, and the following authorities: S.C. Code Ann. § 24-21-460 (Supp.
1997) ([T]he court within the venue of which the violation occurs
may revoke
the probation or suspension of sentence); State v. Conyers, 326 S.C.
263, 266, 487 S.E.2d 181, 183 (1997) (holding that an issue must be raised to
and ruled upon by trial judge to be preserved for appellate review); State
v. White, 218 S.C. 130, 135-36, 61 S.E.2d 754, 756 (1950) (stating that
review must be determined in accordance with principles governing exercise of
judicial discretion); State v. Proctor, 345 S.C. 299, 301, 546 S.E.2d
673, 674 (Ct. App. 2001)(finding the decision to revoke probation is addressed
to the discretion of the circuit judge); State v. Hamilton, 333 S.C.
642, 649, 511 S.E.2d 94, 97 (Ct. App. 1999)(holding a finding of willfulness
at a probation violation hearing is mandatory only when revocation is based
solely on the defendants failure to pay fines or restitution); State v.
Archie, 322 S.C. 135, 136, 470 S.E.2d 380, 381 (Ct. App. 1996)(stating this
court will not disturb a decision to revoke probation unless the decision was
influenced by an error of law, was without evidentiary support, or constituted
an abuse of discretion).
AFFIRMED.
HEARN, C.J., CONNOR and ANDERSON, JJ., concur.
[1] We affirm this case without oral argument pursuant
to Rule 215, SCACR.
Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
Verbinden Sie Omnilex, um den Rechtskorpus über Ihren KI-Assistenten zu durchsuchen.