State v. Rivers

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.

Rufus Rivers, Appellant.

Appellate Case No. 2010-173386

Appeal From Orangeburg County
Edgar W. Dickson, Circuit Court Judge

Unpublished Opinion No. 2012-UP-413
Submitted July 2, 2012 – Filed July 11, 2012

REVERSED AND REMANDED

Elizabeth A. Franklin-Best, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Rufus Rivers appeals the circuit court's revocation of his
probation based on his failure to pay restitution, arguing the circuit court erred in
revoking his probation when the court failed to make the necessary findings of fact
as to whether the violation was willful. We agree and, therefore, reverse and
remand to the circuit court with instructions to make the findings required by State
v. Spare, 374 S.C. 264, 647 S.E.2d 706 (Ct. App. 2007).1 See State v. Coker, 397
S.C. 244, 245, 723 S.E.2d 619, 620 (Ct. App. 2012) (holding "the circuit court may
not revoke probation solely on the basis of a failure to pay money unless the record
reflects the court made" certain findings outlined by Spare).

REVERSED AND REMANDED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

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