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STATE v. MILLER

No. 4830.

393 S.C. 59 (2011)

709 S.E.2d 135

The STATE, Respondent, v. James C. MILLER, Appellant.

Court of Appeals of South Carolina.

Decided April 27, 2011.

Rehearing Denied May 31, 2011.

Attorney(s) appearing for the Case

Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

J. Benjamin Aplin, of Columbia, for Respondent.

LOCKEMY, J.

James C. Miller appeals an order of the circuit court tolling his probation while he is civilly committed as a sexually violent predator (SVP). Miller argues the trial court erred because tolling is not authorized by statute and renders his civil commitment punitive. We affirm.

FACTS

In 1998, the mother of a one-year-old baby walked into a room and found Miller leaning over her child with his pants down while the baby's diaper was off...

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