State v. Enoch Posey ( 2010 )

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.

Enoch Wesley Posey, Appellant.

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Appeal From Saluda County
William P. Keesley, Circuit Court Judge

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Unpublished Opinion No. 2010-UP-203
Submitted March 1, 2010 – Filed March 12, 2010   

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APPEAL DISMISSED

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Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  Enoch Wesley Posey appeals his convictions for driving under the influence of alcohol and failure to stop for a blue light, arguing the trial court erred in admitting the Datamaster results when the officer failed to remove Posey's false teeth in violation of the South Carolina Law Enforcement Division's policies and regulations.  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[1] the appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED.

PIEPER and GEATHERS, JJ., and CURETON, A.J., concur.

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