Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Blakney

Court of Appeals of South Carolina

August 20, 2014

The State, Respondent/Appellant,
v.
Anthony K. Blakney, Appellant/Respondent Appellate Case Nos. 2012-207286, 2012-212966

Heard: June 2, 2014.

Appeals From Richland County. G. Thomas Cooper Jr., Circuit Court Judge. Brooks P. Goldsmith, Circuit Court Judge.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant/Respondent.

Tommy Evans Jr., South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent/Appellant.

GEATHERS, J. SHORT, J., concurs. FEW, C.J., dissenting.

OPINION

Page 623

[410 S.C. 245] GEATHERS, J.

These consolidated appeals involve two sentencing determinations related to violations of a two-year community supervision program (CSP) administered by Respondent/Appellant, the South Carolina Department of Probation, Parole and Pardon Services (Department). Appellant/Respondent, Anthony K. Blakney, seeks review of the sentence imposed by the circuit court for his April 2011 CSP violations. The circuit court (hereinafter, " the first CSP judge" ) revoked Blakney's community supervision, gave him credit for prison time served,[1] and required him to begin a new two-year CSP. [410 S.C. 246] Blakney argues he was no longer subject to community supervision because he had satisfied the terms of the original sentence for his first degree burglary conviction, which was fifteen years, suspended on the service of thirty months. Blakney contends once he served an aggregate amount of thirty months in prison for his burglary conviction and subsequent CSP violations, he could no longer be imprisoned for successive CSP revocations or be required to participate in a CSP.

The Department appeals an order issued by the circuit court (" the second CSP judge" ) after a revocation hearing relating to CSP violations allegedly committed by Blakney in April 2012. The second CSP judge did not consider the alleged violations. Rather, he concluded Blakney had satisfied the terms of his burglary sentence when he completed thirty months of imprisonment and, thus, Blakney was no longer subject to community supervision. We affirm the first CSP judge's ruling, reverse the second CSP judge's order, and remand for a new hearing on the violations allegedly committed by Blakney in April 2012.

FACTS/PROCEDURAL HISTORY

In 2008, Blakney was convicted of first degree burglary, a " no parole offense." [2]

Page 624

On November 6, 2008, the sentencing judge imposed on Blakney the following sentence:

[T]he Defendant is committed to the . . . State Department of Corrections . . . for a determinate term of 15 . . . years . . . and/or to pay a fine of $ ; provided that upon the service of 30 . . . months . . . and/or payment of $ plus costs and assessments as applicable[]; the balance is suspended [410 S.C. 247] with probation for months/years and subject to South Carolina Department of Probation, Parole and Pardon Services standard conditions of probation, which are incorporated by reference.

(emphases in original).[3] The Sentence Sheet indicates the sentencing judge gave Blakney credit for time served--Blakney had been in prison since March 23, 2008.

On April 30, 2010, Blakney was released from prison and placed on two years of community supervision.[4] On November 3, 2010, Blakney was arrested for violating the terms of his CSP. After a revocation hearing on February 25, 2011, the first CSP judge revoked Blakney's community supervision but gave him credit for time served, which was three months and fifteen days, and released him. At this point, Blakney began a new two-year CSP.[5]

[410 S.C. 248] On May 13, 2011, Blakney was arrested for additional CSP violations. On December 9, 2011, the first CSP judge conducted another revocation hearing. At this hearing, counsel for Blakney argued that Blakney should not be sanctioned for CSP violations because he had already completed the unsuspended portion of his sentence, i.e., thirty months of imprisonment. In response, the Department argued that, under State v. Picklesimer,[6] the limit for the aggregate amount of service upon successive CSP revocations is the term of the original sentence, i.e., in Blakney's case, the full fifteen years. Counsel for Blakney asserted that this case is distinguishable from Picklesimer because the sentencing judge had not imposed a term of probation as part of Blakney's sentence.

The first CSP judge took the issue under advisement. After a hearing on January 19, 2012, the first CSP judge revoked Blakney's community supervision, gave him credit for time served, and released him to begin a new two-year CSP. Blakney's appeal followed.

On April 27, 2012, Blakney was arrested once again for CSP violations. After conducting a revocation hearing on August 17, 2012, the second CSP judge issued an order finding Blakney had satisfied the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.