Opinion

State v. Brown

  • 349 S.C. 414
  • 563 S.E.2d 339
  • 2002 S.C. App. LEXIS 65
Court
Court of Appeals of South Carolina
Filed
Mar 14, 2002
Status
Published
Author
Stilwell
On the bench
Shuler, Cureton, Stilwell
Cited by
5 cases

holding a probationer should have been provided the opportunity to comply with an ambiguous condition of his probation before being revoked for violation thereof

How later courts described this case

  • holding a probationer should have been provided the opportunity to comply with an ambiguous condition of his probation before being revoked for violation thereof
  • reversing trial court’s revocation of probation where vague probation condition requiring sex offender to “obtain treatment” resulted in confusion among the probationer and probation and mental health officials

Written by the judges who cited it.

The opinion

STILWELL, Judge

(dissenting):

I respectfully dissent, solely because I believe the specific wording of the additional condition of his probation that Brown “must obtain treatment” is controlling.

The discussion centering on whether Brown must “complete treatment” or “admit guilt” in order to get treatment I submit totally misses the point. In my opinion, it was incumbent on Brown to do whatever was necessary to comply fully with the condition of his probation. If he was rejected at one facility, the burden was on Brown to go back to his probation officer and explain that he could not obtain treatment at that location and seek another source to “obtain treatment.”

It is not appropriate to allow Brown to sit idly by in the hopes that his non-compliance would be tolerated and then ultimately excused.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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