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MAJOR v. DEPT. OF PROBATION

No. 26672.

384 S.C. 457 (2009)

682 S.E.2d 795

Brian MAJOR, Respondent, v. SOUTH CAROLINA DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, Appellant.

Supreme Court of South Carolina.

Decided August 24, 2009.

Rehearing Denied August 24, 2009.

Attorney(s) appearing for the Case

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

W. Gaston Fairey, of Columbia, for Respondent.

Justice BEATTY.

In this case, the South Carolina Department of Probation, Parole and Pardon Services (the Department) appeals the Administrative Law Court's (ALC's) decision that the Department erred in its interpretation of section 16-23-4901 of the South Carolina Code of Laws regarding the implementation of the sentence imposed by the trial court and Brian Major's eligibility for parole. This Court granted the request of the

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