State v. Foggie

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.

Tony Anthony
Foggie, Appellant.

Appeal From Greenville County

G. Edward Welmaker, Circuit Court Judge

Unpublished Opinion No.  2009-UP-346

Submitted June 1, 2009 – Filed June 22,
2009

Affirmed

J. Falkner  Wilkes and Richard H. Warder, both of Greenville, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior
Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and
Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  Tony Anthony Foggie appeals his
conviction for unlawfully carrying a pistol.  On appeal, Foggie argues the
trial court erred in failing to suppress a gun as the fruit of an invalid
investigatory detention, while at trial Foggie argued suppression was proper
because the gun was the fruit of an invalid search subsequent to an
investigatory detention.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the
following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003)
("A party may not argue one ground [for error] at trial and an alternate
ground on appeal."); State v. Smith, 329 S.C. 550, 557, 495 S.E.2d
798, 801-02 (Ct. App. 1998) (finding reasonable suspicion for search existed
where individual was stopped late at night on deserted road, acting nervous and
looking around vehicle).

Affirmed.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.

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