State v. Chappelle

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 Lee
Chappelle, Appellant.

Appeal From Greenville County

Robin B. Stilwell, Circuit Court Judge

Unpublished Opinion No. 2012-UP-186

Submitted March 1, 2012 – Filed March 14, 2012  

APPEAL DISMISSED

Appellate Defender Elizabeth A.
Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley
W. Elliott, all of Columbia; and Solicitor W. Walter Wilkins, III, of Greenville,
for Respondent.

PER CURIAM:  Tony Lee Chappelle appeals his convictions for two
counts of assault with intent to kill and two counts of discharging a firearm
into a dwelling, arguing the trial court erred in not suppressing a gunshot
residue test performed on Chappelle when Chappelle asserted his right to
counsel before taking the test.  
Additionally, Chappelle argues the trial court erred in not suppressing the gunshot residue test because it was the product of
an unlawful search and seizure in violation of the Fourth Amendment.  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 the appeal and
grant counsel's motion to be relieved.[1]

APPEAL DISMISSED. 

PIEPER, KONDUROS, and
GEATHERS, JJ., concur.

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