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2004-UP-165 - State v. Griffin

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State,        Respondent,

v.

Mammie Lee Griffin,        Appellant.


Appeal From Greenwood County
Wyatt T. Saunders, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-165
Submitted January 29, 2004 – Filed March 15, 2004



AFFIRMED


Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of Columbia, for Respondent.

PER CURIAM:  Mammie Lee Griffin appeals, contending the sentencing court abused its discretion by revoking her probation solely for failure to pay fines and restitution.  Having concluded oral argument would not aid the court in resolving the issue raised by Griffin, we decide this case without oral argument pursuant to Rule 215, SCACR, and affirm pursuant to Rule 220(b)(2), SCACR, because the point raised by her is manifestly without merit.  See State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding the decision to revoke probation is committed to the discretion of the sentencing court and the review of the court of appeals is limited to correcting errors of law unless the lack of a legal or factual basis indicates the sentencing judge acted arbitrarily or capriciously); Bearden v. Georgia, 461 U.S. 660, 672 (1983) (“If the probationer willfully refused to pay or failed to make sufficient bona fide efforts legally to acquire the resources to pay, the court may revoke probation and sentence the defendant to imprisonment within the authorized range of its sentencing authority.”); Barlet v. State, 288 S.C. 481, 483, 343 S.E.2d 620, 622 (1986) (“Probation may not be revoked solely on the ground the probationer failed to pay fines or to make restitution.  The judge must determine on the record that the probationer failed to make a bona fide effort to pay.”). 

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.