Brailsford 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

Ikeef Brailsford, Appellant,

v.

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

Appellate Case No. 2014-002640

Appeal From The Administrative Law Court
S. Phillip Lenski, Administrative Law Judge

Unpublished Opinion No. 2016-UP-240
Submitted January 1, 2016 – Filed June 1, 2016

AFFIRMED

Ikeef Brailsford, pro se.

Assistant General Counsel Tommy Evans, Jr., of the
South Carolina Department of Probation, Parole and
Pardon Services, of Columbia, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Rowe v. Hyatt, 321 S.C. 366, 369, 468 S.E.2d 649, 650 (1996) ("In
interpreting a statute, words must be given their plain and ordinary meaning
without resorting to subtle or forced construction to limit or expand the statute's
operation."); S.C. Code Ann. § 16-1-90(A) (Supp. 2015) (stating distribution of
crack cocaine, third or subsequent offense, is a Class A felony); S.C. Code Ann. §
24-13-100 (2007) ("[A] 'no parole offense' means a class A, B, or C felony . . .
which is punishable by a maximum term of imprisonment for twenty years or
more."); S.C. Code Ann. § 44-53-375(B) (Supp. 2015) ("Notwithstanding any
other provision of law, a person convicted and sentenced pursuant to this
subsection for a third or subsequent offense in which all prior offenses were for
possession of a controlled substance pursuant to subsection (A), may have the
sentence suspended and probation granted and is eligible for parole, supervised
furlough, community supervision, work release, work credits, education credits,
and good conduct credits. In all other cases, the sentence must not be suspended
nor probation granted.").

AFFIRMED.1

HUFF, A.C.J., and WILLIAMS and THOMAS, JJ., concur.

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