Smith 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

Vaughn Smith, Appellant,

v.

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

Appeal From The Administrative Law Court

 John D. McLeod, Administrative Law Court
Judge

Unpublished Opinion No. 2011-UP-516

Heard November 2, 2011 – Filed November
29, 2011   

VACATED AND REMANDED

Tommy A. Thomas, of Irmo, for Appellant.

Teresa A. Knox, J. Benjamin Aplin, and
Tommy Evans, Jr., all of Columbia, for Respondent.

PER CURIAM: Vaughn Smith appeals the administrative law
court's order remanding his administrative appeal to the parole board for
additional proceedings.  We vacate pursuant to Rule 220(b)(1), SCACR, and the
following authorities: S.C. Code Ann. § 1-23-600(D) (Supp. 2010) (providing the
administrative law court "shall not hear . . . an appeal involving the
denial of parole to a potentially eligible inmate by the Department of
Probation, Parole and Pardon Services"); Compton v. S.C. Dep't of
Prob., Parole & Pardon Servs., 385 S.C. 476, 479, 685 S.E.2d 175, 177
(2009) (per curiam) (holding a parole board order denying parole and stating the
board considered all statutory and Department criteria is sufficient to avoid
deeming an inmate effectively ineligible for parole).  We vacate the administrative
law court's order and remand with instructions to dismiss the appeal pursuant
to section 1-23-600(D). 

VACATED AND REMANDED.

FEW, C.J., and THOMAS and KONDUROS, JJ.,
concur.