Jeter v. SCDPPPS

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

Alonzo C. Jeter, III, Appellant,

v.

South Carolina Department of Probation, Parole, and
Pardon Services, Respondent.

Appellate Case No. 2017-000286

Deborah Brooks Durden, Administrative Law Judge

Unpublished Opinion No. 2018-UP-306
Submitted June 1, 2018 – Filed July 5, 2018

AFFIRMED

Alonzo C. Jeter, III, pro se.

Tommy Evans, Jr., of the South Carolina Department of
Probation, Parole, and Pardon Services, of Columbia, for
Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: S.C. Dep't of Corrs. v. Mitchell, 377 S.C. 256, 258, 659 S.E.2d 233,
234 (Ct. App. 2008) (providing "section 1-23-610 of the South Carolina
Code ([Supp. 2017]) sets forth the standard of review when the court of appeals is
sitting in review of a decision by the ALC on an appeal from an administrative
agency"); S.C. Code Ann. § 1-23-610(B) (Supp. 2017) (providing when reviewing
an ALC decision, "[t]he court of appeals may . . . reverse or modify the decision if
the substantive rights of the petitioner have been prejudiced because the finding,
conclusion, or decision is: (a) in violation of constitutional or statutory provisions;
(b) in excess of the statutory authority of the agency; (c) made upon unlawful
procedure; (d) affected by other error of law; (e) clearly erroneous in view of the
reliable, probative, and substantial evidence on the whole record; or (f) arbitrary or
capricious or characterized by abuse of discretion or clearly unwarranted exercise
of discretion"); S.C. Code Ann. § 44-53-375(C)(1)(b) (2018) (providing a person
who is guilty of trafficking methamphetamine or cocaine base between ten and
twenty-eight grams must be sentenced to "a term of imprisonment of not less than
five years nor more than thirty years" for his second offense); S.C. Code Ann. §
16-1-90(A) (Supp. 2017) (listing a section 44-53-375(C)(1)(b) offense as a Class A
felony); S.C. Code Ann. § 24-13-100 (2007) (providing Class A felonies are
no-parole offenses), repealed in part by Bolin v. S.C. Dep't of Corrs., 415 S.C. 276,
286, 781 S.E.2d 914, 919 (Ct. App. 2016) (holding a second offense under
subsection 44-53-375(B) of the South Carolina Code (2018) is no longer
considered a no-parole offense).

AFFIRMED.1

HUFF, GEATHERS, and MCDONALD, JJ., concur.

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