State v. Bowie

Full title: The STATE, Respondent, v. Gilbert BOWIE, Petitioner

Court: Supreme Court of South Carolina

Date published: Nov 7, 2005

621 S.E.2d 890 (S.C. 2005)

621 S.E.2d 890

Opinion

No. 26061.

Submitted October 18, 2005.

Decided November 7, 2005.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS.

Appeal from Richland County; Henry F. Floyd, Circuit Court Judge.

Assistant Appellate Defender Robert M. Pachak, of the South Carolina Office of Appellate Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Charles H. Richardson, all of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

PER CURIAM:

Petitioner has filed a petition asking this Court to review the Court of Appeals' decision in State v. Gilbert Bowie, 360 S.C. 210, 600 S.E.2d 112 (Ct.App. 2004). We grant the petition, dispense with further briefing, and affirm the portion of the Court of Appeals' decision dealing with probable cause. However, we vacate the portion of the Court of Appeals' decision dealing with the issue of standing as the issue was not properly before the court.

AFFIRMED IN PART, VACATED IN PART.

TOAL, C.J., WALLER, BURNETT and PLEICONES, JJ., concur. MOORE, J., not participating.