State v. Griffin

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE
239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Mammie Lee Griffin,       
Appellant.

Appeal From Greenwood County

Wyatt T. Saunders, Jr., Circuit Court
Judge

Unpublished Opinion No. 2004-UP-165

Submitted January 29, 2004 – Filed
March 15, 2004

AFFIRMED

Assistant Appellate Defender Aileen P. Clare, of Columbia,
for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal
Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia,
for Respondent.

PER CURIAM:  Mammie Lee Griffin appeals,
contending the sentencing court abused its discretion by revoking her probation
solely for failure to pay fines and restitution.  Having concluded oral argument
would not aid the court in resolving the issue raised by Griffin, we decide
this case without oral argument pursuant to Rule 215, SCACR, and affirm pursuant
to Rule 220(b)(2), SCACR, because the point raised by her is manifestly without
merit.  See State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94,
96 (Ct. App. 1999) (holding the decision to revoke probation is committed to
the discretion of the sentencing court and the review of the court of appeals
is limited to correcting errors of law unless the lack of a legal or factual
basis indicates the sentencing judge acted arbitrarily or capriciously); Bearden
v. Georgia, 461 U.S. 660, 672 (1983) (“If the probationer willfully refused
to pay or failed to make sufficient bona fide efforts legally to acquire the
resources to pay, the court may revoke probation and sentence the defendant
to imprisonment within the authorized range of its sentencing authority.”);
Barlet v. State, 288 S.C. 481, 483, 343 S.E.2d 620, 622 (1986) (“Probation
may not be revoked solely on the ground the probationer failed to pay
fines or to make restitution.  The judge must determine on the record that the
probationer failed to make a bona fide effort to pay.”). 

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.