SC Judicial Department

2011-UP-079 - State v. Maffei

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,

Phillip Maffei, Appellant.

Appeal From Colleton County
Honorable George C. James, Jr., Circuit Court Judge

Unpublished Opinion No. 2011-UP-079
Submitted November 1, 2010 � Filed February 24, 2011��

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; I. McDuffie Stone, III, �of Bluffton, for Respondent.

PER CURIAM:� Phillip Maffei appeals his convictions for owning animals for the purpose of fighting, animal fighting, ill treatment of animals, and use of a structure for the purpose of animal fighting. �Maffei argues the trial court erred in (1) failing to suppress evidence obtained from his home as acquired pursuant to an invalid search warrant, and (2) failing to instruct the jury on section 16-27-80 of the South Carolina Code (2003).[1]� We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority:

As to issue (1): State v. Jones, 342 S.C. 121, 126, 536 S.E.2d 675, 678 (2000) ("When reviewing a magistrate's decision to issue a search warrant, we must consider the totality of the circumstances.").

As to issue (2): State v. Lee, 298 S.C. 362, 364, 380 S.E.2d 834, 835 (1989) (indicating the law to be charged to the jury is determined by the evidence presented at trial); State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) (finding a trial court only commits reversible error if it fails to give a requested charge on an issue raised by the evidence).�

AFFIRMED. [2]

THOMAS, PIEPER, and GEATHERS JJ., concur.�

[1]� This section has been subsequently amended, but at the time of Maffei's arrest provided:

This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials more commonly known as "water races," "Treeing Contests," "Coon-on-a-log," "Bear-baying," or "Fox-pen-trials."� Such "Fox-pen-trials" must be approved by permit for field trials by the South Carolina Department of Natural Resources.

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