State v. Perkins, 378 S.C. 57

Summary

The Supreme Court of South Carolina affirmed the imposition of Cedric Perkins's suspended sentence after his termination from a drug court program. The court held that a participant is entitled to notice and a hearing concerning whether the conditions of a suspended sentence were violated, but that courts may not review the drug court program's internal decision to terminate a participant.

Holdings

1. The court will not review whether a participant was properly terminated from a Drug Court Program because that inquiry concerns the program's internal rules and administration, matters over which the appellate court lacks authority.
2. A Drug Court Program participant is entitled to notice and a hearing before imposition of a suspended sentence to determine whether the participant in fact violated a condition of that sentence.
3. The trial court properly determined that Perkins violated a condition of his suspended sentence because successful completion of the Drug Court Program was undisputedly a condition and Perkins was undisputedly terminated from the program.

Questions Presented

1. Whether the Supreme Court should review whether Perkins was properly terminated from the Thirteenth Circuit Drug Court Program based on positive sweat-patch test results and other alleged violations.
2. Whether a Drug Court Program participant is entitled to notice and a hearing before a suspended sentence may be imposed.
3. Whether the trial court properly imposed Perkins's original sentence after determining that he had been terminated from the Drug Court Program.

Disposition

affirmed