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2011-UP-516 - Smith v. SCDPPPS

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

Vaughn Smith, Appellant,

v.

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


Appeal From The Administrative Law Court
 John D. McLeod, Administrative Law Court Judge


Unpublished Opinion No. 2011-UP-516
Heard November 2, 2011 – Filed November 29, 2011   


VACATED AND REMANDED


Tommy A. Thomas, of Irmo, for Appellant.

Teresa A. Knox, J. Benjamin Aplin, and Tommy Evans, Jr., all of Columbia, for Respondent.

PER CURIAM: Vaughn Smith appeals the administrative law court's order remanding his administrative appeal to the parole board for additional proceedings.  We vacate pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 1-23-600(D) (Supp. 2010) (providing the administrative law court "shall not hear . . . an appeal involving the denial of parole to a potentially eligible inmate by the Department of Probation, Parole and Pardon Services"); Compton v. S.C. Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479, 685 S.E.2d 175, 177 (2009) (per curiam) (holding a parole board order denying parole and stating the board considered all statutory and Department criteria is sufficient to avoid deeming an inmate effectively ineligible for parole).  We vacate the administrative law court's order and remand with instructions to dismiss the appeal pursuant to section 1-23-600(D). 

VACATED AND REMANDED.

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