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2012-UP-155 - 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.

Bobbie Fleming Ford, Appellant.


Appeal From Spartanburg County
Gordon G. Cooper, Acting Circuit Court Judge


Unpublished Opinion No. 2012-UP-155 
Submitted February 1, 2012 – Filed March 7, 2012


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

PER CURIAM: Bobbie Fleming Ford appeals the revocation of her probation.  On appeal, Ford argues the circuit court abused its discretion in revoking her probation because the revocation was without evidentiary support.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Hamilton, 333 S.C. 642, 647, 511 S.E.2d 94, 96 (Ct. App. 1999) ("The decision to revoke probation is addressed to the discretion of the circuit [court].  This court's authority to review such a decision is confined to correcting errors of law unless the lack of a legal or evidentiary basis indicates the circuit [court]'s decision was arbitrary and capricious." (citations omitted)); id. at 648, 511 S.E.2d at 97 ("[T]he authority of the revoking court should always be predicated upon an evidentiary showing of fact tending to establish a violation of the conditions."). 

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.

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