State v. Ruppe

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Billy Wayne
Ruppe, Appellant.

Appeal From Cherokee County

Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2008-UP-494

Submitted August 1, 2008 – Filed August
18, 2008   

APPEAL DISMISSED

Appellate Defender Joseph L. Savitz, III, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all
of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for
Respondent.

PER CURIAM:  Billy Wayne Ruppe pled no contest to trafficking in
methamphetamine, second offense, ten to twenty eight grams, and received a
negotiated sentence of five years.  Ruppe argues the trial court erred by
accepting his guilty plea because the probable cause for issuing the search
warrant had grown stale by the time the warrant was issued.  After
a thorough review of the record and counsel’s brief pursuant to Anders v.
California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116,
406 S.E.2d 357 (1991), we dismiss  Ruppe’s appeal and grant counsel’s motion to
be relieved. [1]

APPEAL
DISMISSED. 

KONDUROS,
J., CURETON, and GOOLSBY, A.J.J., concur.

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