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JOHNSON v. DEPT. OF PROB., PAROLE & PARDON

No. 26277.

372 S.C. 279 (2007)

641 S.E.2d 895

Dwayne Elliott JOHNSON, Respondent, v. The SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, Petitioner.

Supreme Court of South Carolina.

Decided February 27, 2007.

Attorney(s) appearing for the Case

Deputy Director for Legal Services Teresa A. Knox, Assistant Chief Legal Counsel J. Benjamin Aplin, and Legal Counsel Tommy Evans, Jr., all of Columbia, for Petitioner.

Deputy Chief Attorney Wanda H. Carter, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent.

Chief Justice TOAL:

In this case, the trial court held that the absence of a favorable recommendation from a probation officer did not deprive the court of subject matter jurisdiction to grant early termination of a person's probation. Relying on technical defects in the appeal, the court of appeals affirmed. This Court granted the South Carolina Department of Probation, Parole, & Pardon Services' ("the Department's") petition for a writ of certiorari, and we...

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