State v. Boyd

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.

Don Robert Boyd,
Sr., Appellant.

Appeal From Aiken County

R. Ferrell Cothran, Jr., Circuit Court
Judge

Unpublished Opinion No. 2011-UP-349   |

Submitted June 1, 2011 – Filed June 29,
2011

AFFIRMED

Appellate Defender LaNelle Cantey Durant, of
Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM:  Don Robert Boyd, Sr., appeals the order
of the circuit court tolling his probation while he is civilly committed under the Sexually Violent Predator Act.[1] 
He argues the circuit court lacked the authority to toll his probation.  We
affirm[2] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v.
Miller, ___ S.C. ___, ___, 709 S.E.2d 135, 137 (Ct. App. 2011) (finding
that the circuit court properly tolled the start date of a sexually violent
predator's probation until his release from civil commitment).

AFFIRMED.

FEW, C.J., HUFF, J., and
GOOLSBY, A.J., concur.

[1] S.C. Code Ann. § 44-48-10 to -170 (2002 & Supp.
2010).

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