State v. McCoy

CourtListener 10148890ScctappMar 11, 2015

Full text

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Jeffrey Glenn McCoy, Appellant.

Appellate Case No. 2013-000921

Appeal From Newberry County
Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2015-UP-136
Submitted February 1, 2015 – Filed March 11, 2015

AFFIRMED

Appellate Defender Lara Mary Caudy, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Jennifer Ellis Roberts, both of
Columbia; and Solicitor David Matthew Stumbo, of
Greenwood, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: Rule 220(c), SCACR ("The appellate court may affirm any ruling,
order, decision or judgment upon any ground(s) appearing in the Record on
Appeal."); State v. Provet, 405 S.C. 101, 107, 747 S.E.2d 453, 456 (2013) ("South
Carolina appellate courts review Fourth Amendment determinations under a clear
error standard."); id. (stating under the clear error standard, the appellate court will
affirm if any evidence supports the trial court's ruling); State v. Weaver, 374 S.C.
313, 320, 649 S.E.2d 479, 482 (2007) ("Pursuant to the automobile exception, if
there is probable cause to search a vehicle, a warrant is not necessary so long as the
search is based on facts that would justify the issuance of a warrant, even though a
warrant has not been actually obtained."); State v. Bellamy, 336 S.C. 140, 143, 519
S.E.2d 347, 348 (1999) (stating probable cause to conduct a search exists when,
based on the totality of the circumstances, "'there is a fair probability that
contraband or evidence of a crime will be found in a particular place'" (quoting
Illinois v. Gates, 462 U.S. 213, 238 (1983))).

AFFIRMED.1

THOMAS, KONDUROS, and GEATHERS, JJ., concur.

1
We decide this case without oral argument pursuant to Rule 215, SCACR.

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