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2012-UP-186 - 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Unpublished Opinion No. 2012-UP-186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.