CourtListener 10153816•State v. Maffei
Texte intégral
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.
Phillip Maffei, Appellant.
Appeal From Colleton County
Honorable George C. James, Jr., Circuit
Court Judge
Unpublished Opinion No. 2011-UP-079
Submitted November 1, 2010 Filed
February 24, 2011
AFFIRMED
Deputy Chief Appellate Defender Wanda H.
Carter, of Columbia, for Appellant
Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of
Columbia; I. McDuffie Stone, III, of Bluffton, for Respondent.
PER
CURIAM:
Phillip Maffei appeals his convictions for owning animals for the purpose of
fighting, animal fighting, ill treatment of animals, and use of a structure for
the purpose of animal fighting. Maffei argues the trial court erred in (1)
failing to suppress evidence obtained from his home as acquired pursuant to an
invalid search warrant, and (2) failing to instruct the jury on section
16-27-80 of the South Carolina Code (2003).[1]
We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority:
As
to issue (1): State v. Jones, 342 S.C. 121, 126, 536 S.E.2d 675, 678
(2000) ("When reviewing a magistrate's decision to issue a search warrant,
we must consider the totality of the circumstances.").
As
to issue (2): State v. Lee, 298 S.C. 362, 364, 380 S.E.2d 834, 835
(1989) (indicating the law to be charged to the jury is determined by the
evidence presented at trial); State v. White, 361 S.C. 407, 412, 605 S.E.2d
540, 542 (2004) (finding a trial court only commits reversible error if it
fails to give a requested charge on an issue raised by the evidence).
AFFIRMED. [2]
THOMAS,
PIEPER, and GEATHERS JJ., concur.
[1] This section
has been subsequently amended, but at the time of Maffei's arrest provided:
This chapter shall not apply
to dogs used for the purpose of hunting or for dogs used in field trials more
commonly known as "water races," "Treeing Contests,"
"Coon-on-a-log," "Bear-baying," or "Fox-pen-trials."
Such "Fox-pen-trials" must be approved by permit for field trials by
the South Carolina Department of Natural Resources.
[2] We decide this case without oral argument pursuant
to Rule 215, SCACR.
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