State Of South Carolina v. Mckown

• Decision Date: 07 July 2010
• Parties: State of South Carolina, Respondent, v. Douglas McKown, Appellant.
• Court: South Carolina Court of Appeals

2010 UP 352

State of South Carolina, Respondent,
v.
Douglas McKown, Appellant.

Court of Appeals of South Carolina

Heard April 15, 2010
Filed July 7, 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.

Appeal from York County

Paul M. Burch, Circuit Court Judge

AFFIRMED

Jack B. Swerling, of Columbia, and Katherine Carruth Goode, of Winnsboro, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, for Respondent.

PER CURIAM:

Douglas McKown appeals his conviction and sentence for unlawful possession of a prescription drug, arguing the trial court erred in denying his motion to suppress and admitting certain evidence at the suppression hearing. McKown also challenges the admission of expert testimony concerning the nature of the prescription drug and the trial court's denial of a directed verdict on the prescription drug charge. We affirm.

FACTS/PROCEDURAL HISTORY

The circumstances surrounding this case stem from evidence seized from McKown's home pursuant to the execution of a search warrant. In furtherance of the search warrant, police submitted an affidavit outlining various reports of drug activity involving McKown and his former girlfriend, Erin Jenkins. The warrant affidavit also included details of a controlled buy of illegal drugs set up by police with Jenkins approximately seventy-two hours before the issuance of the warrant.

Based on the information in the affidavit, the magistrate issued the search warrant for McKown's home on May 6, 2006.When the warrant was executed on May 12, 2006, Jenkins answered the door. During the search, police found cocaine in several locations within the home, including a bedroom containing both men's and women's clothing. Police also seized one-half of a pill alleged to be Viagra. McKown was not inside the home when the warrant was executed.

On July 20, 2006, McKown was indicted on charges of conspiracy, unlawful possession of a controlled substance, distribution of a controlled substance, and unlawful possession of a prescription drug. Prior to trial, defense counsel moved to suppress the evidence seized in the search, arguing the warrant was not supported by probable cause. Defense counsel also maintained the affidavit contained false and misleading information concerning where Jenkins was living at the time of the controlled buy. Specifically, counsel alleged that Jenkins had moved out of McKown's residence and that the affiant knowingly failed to disclose this information to the magistrate.

Following argument on the motion, the State sought to call Jenkins as an additional witness to address McKown's claim of misrepresentation in the affidavit. Defense counsel objected, arguing the State could not call another witness after the parties rested their evidence and the witness could not supplement the information contained in the affidavit. The trial judge allowed Jenkins to testify over defense counsel's objection. Her testimony revealed that at the time of the controlled buy, she had signed a lease on another residence and had moved out of McKown's home; however, she testified she still came back to McKown's home and stayed with him three or four nights per week. Specifically, when asked to estimate the amount of time she had spent between McKown's residence and the other residence, Jenkins stated "I would say fifty/fifty." Following closing arguments, the trial judge denied the motion to suppress and...