State v. Enoch Posey

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.

Enoch Wesley
Posey, Appellant.

Appeal From Saluda County

William P. Keesley, Circuit Court Judge

Unpublished Opinion No. 2010-UP-203

Submitted March 1, 2010 – Filed March 12,
2010   

APPEAL DISMISSED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, and Assistant Deputy Attorney General Salley W.
Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for
Respondent.

PER CURIAM:  Enoch Wesley Posey appeals his
convictions for driving under the influence of alcohol and failure to stop for
a blue light, arguing the trial court erred in admitting the Datamaster results
when the officer failed to remove Posey's false teeth in violation of the South
Carolina Law Enforcement Division's policies and regulations.  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[1] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

PIEPER
and GEATHERS, JJ., and CURETON, A.J., concur.

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