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2010-UP-288 - State v. Ford

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.

Eddie Lee Ford, Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2010-UP-288
Submitted May 3, 2010 – Filed May 24, 2010


AFFIRMED


Appellate Defender M. Celia Robinson, of Columbia, for Appellant.

Assistant Chief Legal Counsel J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Eddie Lee Ford appeals his probation revocation, arguing the trial court erred in revoking his probation because his violation was not found to be willful.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority:  State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) (holding an appellate court's authority to review a probation revocation is confined to correcting errors of law unless the lack of a legal or evidentiary basis indicates the circuit judge's decision was arbitrary and capricious); Id. at 649, 511 S.E.2d at 97 ("It is only when probation is revoked solely for failure to pay fines or restitution that a finding of willfulness is mandatory.").     

AFFIRMED.

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


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