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2011-UP-349 - State v. Boyd

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.

Don Robert Boyd, Sr., Appellant.


Appeal From Aiken County
R. Ferrell Cothran, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-349   |
Submitted June 1, 2011 – Filed June 29, 2011


AFFIRMED


Appellate Defender LaNelle Cantey Durant, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM:  Don Robert Boyd, Sr., appeals the order of the circuit court tolling his probation while he is civilly committed under the Sexually Violent Predator Act.[1]  He argues the circuit court lacked the authority to toll his probation.  We affirm[2] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Miller, ___ S.C. ___, ___, 709 S.E.2d 135, 137 (Ct. App. 2011) (finding that the circuit court properly tolled the start date of a sexually violent predator's probation until his release from civil commitment).

AFFIRMED.

FEW, C.J., HUFF, J., and GOOLSBY, A.J., concur.


[1] S.C. Code Ann. § 44-48-10 to -170 (2002 & Supp. 2010).

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