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2004-UP-430 - Johnson v. SC Department of Probation

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

Dwayne Elliott Johnson,        Respondent,

v.

The South Carolina Department of Probation, Parole and Pardon Services,        Appellant.


Appeal From Florence County
James E. Brogdon, Jr., Circuit Court Judge


Unpublished Opinion No. 2004-UP-430
Submitted May 12, 2004 – Filed July 9, 2004


AFFIRMED


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

Senior Assistant Appellate Defender Wanda P. Hagler, Office of Appellate Defense, of Columbia, for Respondent.

PER CURIAM:  The circuit court terminated Dwayne Elliott Johnson’s probation three years earlier than its scheduled expiration.  The South Carolina Department of Probation, Parole and Pardon Services appeals, arguing the court lacked subject matter jurisdiction to entertain Johnson’s petition.  However, the department failed to include Johnson’s original petition or the court’s final order in the record on appeal, failed to place the documents contained in the record in the proper order, and failed to provide a proper index.

We affirm [1] pursuant to Rule 220(b), SCACR, and the following authorities:  South Carolina Dep’t of Soc. Servs. v. Sims, Op. No. 3824 (S.C. Ct. App. filed June 14, 2004) (Shearouse Adv. Sh. No. 25 at 91) (noting the burden of presenting a sufficient record on appeal rests on the appellant and the omission of the court’s order alone could justify a finding that the issues on appeal are unpreserved for appellate review); Harkins v. Greenville County, 340 S.C. 606, 616, 533 S.E.2d 886, 891 (2000) (affirming the circuit court on an issue because appellant had not met its burden of presenting an adequate record on appeal); York v. Conway Ford, Inc., 325 S.C. 170, 173, 480 S.E.2d 726, 728 (1997) (“The record should include the ruling on appeal.”); South Carolina State Highway Dep’t v. Meredith, 241 S.C. 306, 311, 128 S.E.2d 179, 181 (1962) (“The transcript of record is the source of our information as to what occurred in the trial of the case below; its very object is to inform the Court authoritatively of the legal questions contested below and of the facts pertaining thereto.”); Rule 210(h), SCACR (“[T]he appellate court will not consider any fact which does not appear in the record on appeal.”).

AFFIRMED.

HEARN, C.J., STILWELL, J., and CURETON, A.J., concur.


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