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2010-UP-312 - Morgan v. SCDPPP

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

Allen Morgan, Appellant,

v.

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


Appeal From Administrative Law Court
Deborah B. Durden, Administrative Law Judge


Unpublished Opinion No. 2010-UP-312
Submitted June 1, 2010 – June 15, 2010


Affirmed


Tommy Arthur Thomas, of Irmo, for Appellant.

Tommy  Evans, Jr., of Columbia, for Respondent.

PER CURIAM: Allen Morgan appeals the South Carolina Parole Board's (the Board) denial of his parole, arguing the Board failed to comply with Cooper v. South Carolina Department of Probation, Parole and Pardon Services. 377 S.C. 489, 661 S.E.2d 106 (2008).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: Compton v. S.C. Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479, 685 S.E.2d 175, 179 (2009) (holding an order denying parole is sufficient under Cooper if it states the Board considered the statutory criteria in section 24-21-640 of the South Carolina Code (2007) and parole form 1212). 

Affirmed.

FEW, C.J., WILLIAMS, J., and CURETON, A.J., concur.


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