State v. Ellis
726 S.E.2d 5
S.C.2012Background
- Appellant Joey Ellis pled guilty in 1997 to burglary in the second degree and attempted burglary in the second degree, receiving an indeterminate YO A sentence not to exceed six years and a five-year probation suspended portion for the attempted burglary conviction.
- He was released on YOA parole in December 1997, and YOA conditional release supervision ended October 19, 2004, after which DPPPS began supervising five years of probation.
- In February 2008, DPPPS issued a probation violation citation alleging failure to report, arrears in supervision fees, and restitution arrears.
- An arrest warrant for an additional violation was issued on April 28, 2008 for failing to report to a General Sessions Court hearing in April 2008.
- Ellis argued the probation term should have ended with the YOA sentence in 2004, contending that the YOA term and probation ran concurrently, so the circuit court lacked jurisdiction to revoke probation.
- The circuit court held Ellis remained on probation and revoked it, reinstating five years of the suspended sentence; this Court certified the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had subject matter jurisdiction to revoke probation. | Ellis argues the warrant was not issued during probation term. | Ellis contends probation ended earlier because YOA and probation ran concurrently. | Circuit court had subject matter jurisdiction; warrant/citation issued during probation authority. |
| Whether probation began with completion of imprisonment or at a different point due to YOA structure. | Probation began after YOA sentence ended; thus violations after 2004 were outside term. | Probation began after serving a portion of the term, per Thompson/Crooks; could run with parole. | Probation began after completion of the YOA, but violations acknowledged within term; revocation proper. |
Key Cases Cited
- Thompson v. S.C. Dep't of Pub. Safety, 335 S.C. 52, 515 S.E.2d 761 (1999) (probation is part of term of imprisonment and begins after serving portion)
- Crooks v. Sanders, Superintendent of State Penitentiary, 123 S.C. 28, 115 S.E. 760 (1922) (parole does not suspend running of sentence; probation can run with imprisonment)
- State v. Felder, 313 S.C. 55, 437 S.E.2d 42 (1993) (use of citation or warrant to confer jurisdiction in probation revocation)
- State v. Dawkins, 352 S.C. 162, 573 S.E.2d 783 (2002) (no-parole offenses CSP imposes stricter supervision; concurrent probation with CSP not allowed)
- Lee v. Ct. App., 350 S.C. 125, 564 S.E.2d 372 (2002) (addressed whether circuit court can place defendant on both probation and parole)