State v. Felder

The circuit court revoked appellant’s probation. Because this probation revocation was commenced with the issuance of a citation and affidavit rather than a warrant, appellant asserts that the circuit court lacks subject matter jurisdiction. We disagree and affirm.

South Carolina Code Ann. § 24-21-450 (1989) requires the issuance of a probation revocation warrant before probation may be revoked. If a warrant has not been issued, the trial court lacks subject matter jurisdiction to revoke probation and any attempted revocation is a nullity. State v. Richburg, 304 S.C. 162, 403 S.E. (2d) 315…