Opinion
Appellate Case No. 2010-173386 Unpublished Opinion No. 2012-UP-413
07-11-2012
The State, Respondent, v. Rufus Rivers, Appellant.
Elizabeth A. Franklin-Best, of Columbia, for Appellant. J. Benjamin Aplin, of Columbia, for Respondent.
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.
Appeal From Orangeburg County
Edgar W. Dickson, Circuit Court Judge
REVERSED AND REMANDED
Elizabeth A. Franklin-Best, of Columbia, for Appellant.
J. Benjamin Aplin, of Columbia, for Respondent.
PER CURIAM : Rufus Rivers appeals the circuit court's revocation of his probation based on his failure to pay restitution, arguing the circuit court erred in revoking his probation when the court failed to make the necessary findings of fact as to whether the violation was willful. We agree and, therefore, reverse and remand to the circuit court with instructions to make the findings required by State v. Spare, 374 S.C. 264, 647 S.E.2d 706 (Ct. App. 2007). See State v. Coker, 397 S.C. 244, 245, 723 S.E.2d 619, 620 (Ct. App. 2012) (holding "the circuit court may not revoke probation solely on the basis of a failure to pay money unless the record reflects the court made" certain findings outlined by Spare).
We decide this case without oral argument pursuant to Rule 215, SCACR.
REVERSED AND REMANDED.
PIEPER, KONDUROS, and GEATHERS, JJ., concur.