State v. Maffei

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Unpublished Opinion No. 2011-UP-079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.