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2009-UP-346 - State v. Foggie

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 Anthony Foggie, Appellant.


Appeal From Greenville County
G. Edward Welmaker, Circuit Court Judge


Unpublished Opinion No.  2009-UP-346
Submitted June 1, 2009 – Filed June 22, 2009


Affirmed


J. Falkner  Wilkes and Richard H. Warder, both of Greenville, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  Tony Anthony Foggie appeals his conviction for unlawfully carrying a pistol.  On appeal, Foggie argues the trial court erred in failing to suppress a gun as the fruit of an invalid investigatory detention, while at trial Foggie argued suppression was proper because the gun was the fruit of an invalid search subsequent to an investigatory detention.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 694 (2003) ("A party may not argue one ground [for error] at trial and an alternate ground on appeal."); State v. Smith, 329 S.C. 550, 557, 495 S.E.2d 798, 801-02 (Ct. App. 1998) (finding reasonable suspicion for search existed where individual was stopped late at night on deserted road, acting nervous and looking around vehicle).

Affirmed.

SHORT, WILLIAMS, and LOCKEMY, JJ., concur.


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