Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2009-UP-166 - State v. Davis

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.

Heyward Davis, Jr., Appellant.


Appeal From Georgetown County
Paul M. Burch, Circuit Court Judge


Unpublished Opinion No.  2009-UP-166
Submitted April 1, 2009 – Filed April 27, 2009


AFFIRMED


Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney Norman Mark Rapoport, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  Heyward Davis, Jr. appeals his convictions and sentences for assault and battery with intent to kill, assault with intent to kill, first-degree burglary, and possession of a weapon during the commission of a violent crime.  Specifically, Davis argues the trial court erred in denying his motion to suppress the weapon used in the crime.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authority: U. S. v. Patane, 542 U.S. 630 (2004) (holding the failure to give Miranda warnings does not require the suppression of the physical “fruits” of a defendant’s unwarned but voluntary statements).

AFFIRMED.

HUFF, WILLIAMS, and KONDUROS, JJ., concur.


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