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2008-UP-494 - 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Unpublished Opinion No. 2008-UP-494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.