Martin v. SCDC

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

Orlando Martin, Respondent,

v.

South Carolina
Department of Corrections, Appellant.

Appeal From Administrative Law Court

Deborah Durden, Administrative Law Court
Judge

Unpublished Opinion No. 2010-UP-367

Submitted June 1, 2010 – Filed July 14,
2010   

REVERSED

Michael Vincent Laubshire, of Columbia,
for Appellant.

William Levern Pyatt, of Columbia, for
Respondent.

PER CURIAM: The
South Carolina Department of Corrections (the Department) appeals the
Administrative Law Court's (ALC) order instructing the Department to
recalculate Orlando Martin's sentence.  We reverse.[1]

On June 14, 2004,
an Aiken County grand jury indicted Martin for second-degree arson, and on July
22, 2005, Martin pled guilty.  The plea court sentenced Martin to ten years'
imprisonment, suspended upon the service of "time served,"[2] and five years' probation. 
Thereafter, a probation arrest warrant was issued.  On June 29, 2007, the
probation revocation court revoked Martin's probation and required Martin to serve
five years of the original sentence and then be reinstated on probation.[3]  The
Form 9[4] revocation order indicated Martin previously served 562 days on the sentence. 

On June 3, 2009,
and July 29, 2009, Martin submitted a Step One and Step Two Grievance to the
Department seeking credit for the 562 days he served prior to pleading guilty. 
The Department denied both grievances, explaining the 562 days was previously
applied to Martin's ten year sentence, reducing the total sentence to eight
years' and 168 days.  Martin appealed to the ALC, arguing the Department failed
to apply the 562 days he served to his current five year sentence rather than
applying the time served to his original ten-year sentence.  The ALC reversed
and ordered the Department to "recalculate [Martin's] sentence on the
basis of a 5-year sentence commencing June 29, 2007[,] with credit for 562 days
previously served on the sentence at that time."  This appeal followed. 

In an appeal of the final
decision of an administrative agency, this court shall not substitute its
judgment for that of the ALC as to findings of fact however, it may reverse or
modify decisions which are controlled by an error of law.  Sanders v. S.C.
Dep't of Corr., 379 S.C. 411, 417, 665 S.E.2d 231, 234 (Ct. App.
2008). 

Here, the ALC misinterpreted
the effect of the revocation order.  Martin served 562 days prior to his guilty
plea, and when the plea court sentenced Martin, the plea court gave Martin
credit for this time served.  Then, when Martin's probation was revoked, the
probation court imposed five years of the suspended portion of the sentence. 
The Form 9 revocation order indicated Martin previously served 562 days of the
sentence.  The 562 days previously served is not applied to the five-year
sentence imposed at the
probation revocation hearing.  Rather, it
applied toward Martin's original sentence of ten years' imprisonment.  Accordingly, we find the ALC erred in (1) finding the probation
revocation court's order revoked the original ten year sentence and reduced the
sentence to five years' imprisonment, and (2) instructing the "sentence be recalculated on the
basis of a 5-year sentence commencing June 29, 2007[,] with credit for 562 days
previously served on the sentence at that time."  Therefore, we reverse
the ALC's order and reinstate the decision of the Department.

REVERSED.

FEW, C.J.,
WILLIAMS, J., and CURETON, A.J., concur.

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

[2] Martin served 562 days prior to sentencing. 

[3] Martin did not serve any time awaiting his probation
revocation hearing.  

[4] Form 9 is created by the South Carolina Department of
Probation, Parole, and Pardon Services, and is the form order used by the
circuit court in probation revocation proceedings.