State v. Reid

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.

Keymont Reid, AKA
Marica Kemont Reid, Appellant.

Appeal From York County

John C. Hayes, III, Circuit Court Judge

Unpublished Opinion No. 2012-UP-147  

Submitted February 1, 2012 – Filed March
7, 2012

AFFIRMED

Chief Appellate Defender Robert M. Dudek, of
Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for
Respondent.

PER CURIAM:  Keymont
Reid, AKA Marica Kemont Reid, appeals the circuit court's order revoking his
probation and reinstating the original suspended sentences, arguing the circuit
court erred by impermissibly revoking his probation for a non-willful
violation.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authorities: S.C. Code Ann.
§ 24-21-460 (2007) (prescribing the circuit court's authority to "revoke
the probation or suspension of sentence" and "the right, in [its]
discretion, to require the defendant to serve all or a portion only of the sentence
[originally] imposed"); State v. Allen, 370 S.C. 88, 94, 634 S.E.2d
653, 655 (2006) ("The determination of whether to revoke probation in
whole or part rests within the sound discretion of the [circuit] court."); State v. Lee, 350 S.C. 125, 129, 564 S.E.2d 372, 374 (Ct. App. 2002) ("A
reviewing court will only reverse this determination when it is based on an
error of law or a lack of supporting evidence renders it arbitrary or
capricious."); State v. Hamilton, 333 S.C. 642, 648, 511 S.E.2d 94,
97 (Ct. App. 1999) ("Probation is a matter of
grace; revocation is the means to enforce the conditions of probation.");id. at 649, 511 S.E.2d at 97 ("It is only when probation is revoked solely for failure to pay fines or restitution that a finding of willfulness
is mandatory."). 

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY,
JJ., concur.

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