State v. Rogers

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.

Appeal From Aiken County

Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No.  2011-UP-348

Submitted June 1, 2011 – June 29, 2011

AFFIRMED

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.

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