State v. Funderburk, No. 4066.
| Court | Court of Appeals of South Carolina |
| Writing for the Court | Williams |
| Citation | 625 S.E.2d 248 |
| Parties | The STATE, Respondent, v. Retrice Lamont FUNDERBURK, Appellant. |
| Docket Number | No. 4066. |
| Decision Date | 09 January 2006 |
Page 248
v.
Retrice Lamont FUNDERBURK, Appellant.
Acting Deputy Chief Attorney Wanda H. Carter, of Columbia, for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.
WILLIAMS, J.:
Retrice Lamont Funderburk appeals following a conviction for trafficking in cocaine. Specifically, Funderburk argues the trial court improperly admitted evidence. We affirm.
Page 249
On November 16, 2000, Officers David Robinson and John McIntyre were patrolling Interstate I-85 in Greenville County when they observed a vehicle traveling too closely to an eighteen-wheeler truck. After activating his blue lights and stopping the vehicle, Robinson approached the passenger side of the car. Arriving at the passenger window, he noticed a female in the driver's seat, a male in the passenger's seat, and smelled what he believed to be burnt marijuana.
After a brief conversation with the occupants, Robinson asked the driver, Debbie Lipscomb, to step out of the car so he could issue her a warning for following too close. While Robinson was writing the warning, he asked Lipscomb about her travels and learned the car belonged to the passenger's mother. As he was talking to Lipscomb, Robinson saw the passenger, Retrice Funderburk, make several hand gestures out of the window. Robinson walked back to the vehicle and asked Funderburk if he needed anything. Approaching the car, Robinson again smelled the odor of burnt marijuana.
Robinson briefly talked with Funderburk and then asked for consent to search the vehicle. Funderburk initially agreed to "open up things" for Robinson, but was told, for safety reasons, "he couldn't do that." Robinson then asked Funderburk to exit the car and leave the keys on the seat. After Funderburk exited the vehicle, Robinson again asked for consent to search. Funderburk responded by pointing toward the vehicle and saying "go ahead." Robinson conducted a brief visual search of the interior and then proceeded to the rear of the vehicle. Robinson opened the trunk and searched through its contents. Soon thereafter, Funderburk questioned why the search was necessary. Robinson then asked, once again, if he could search and Funderburk responded, "yes, you can." After searching a few bags, Robinson put his hand on a black bag and felt two hard brick-shaped items that, from experience, he identified as either cocaine or marijuana. Funderburk claimed ownership of the bag and then asked Robinson to stop the search. Robinson stopped the search and instructed McIntyre to arrest Funderburk. A struggle ensued, but Funderburk was eventually apprehended. A more thorough search of the bag yielded 3.27 pounds of cocaine. After Funderburk was restrained, Robinson found two blunts, or cigars filled with marijuana, in the vehicle.
A Greenville County grand jury indicted Funderburk for trafficking in cocaine and resisting arrest. At trial, Funderburk moved to suppress the cocaine, arguing the search exceeded the scope of consent and the officers lacked probable cause to search the trunk. Over his objection, the court allowed evidence and testimony regarding the cocaine.
In addition, Funderburk objected to testimony which referred to the "blunts" as marijuana. Funderburk argued that the substance was not tested, but the trial court allowed the testimony, ruling that Robinson may "testify as to...
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State v. Martucci, No. 4438.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......
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State v. Kirton, No. 4470.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......
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State v. Sims, No. 4371.
...526, 533, 205 S.E.2d 827, 830 (1974)); State v. Key, 256 S.C. 90, 94, 180 S.E.2d 888, 890 (1971); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App. 2006); Preslar, 364 S.C. at 472, 613 S.E.2d at 384 ("On review, we are limited to determining whether the trial judge ab......
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State v. Lyles, No. 4406.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......
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State v. Martucci, No. 4438.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......
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State v. Kirton, No. 4470.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......
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State v. Sims, No. 4371.
...526, 533, 205 S.E.2d 827, 830 (1974)); State v. Key, 256 S.C. 90, 94, 180 S.E.2d 888, 890 (1971); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App. 2006); Preslar, 364 S.C. at 472, 613 S.E.2d at 384 ("On review, we are limited to determining whether the trial judge ab......
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State v. Lyles, No. 4406.
...274 S.E.2d 913, 916 (1981)); Wright v. Craft, 372 S.C. 1, 33, 640 S.E.2d 486, 503 (Ct.App.2006); State v. Funderburk, 367 S.C. 236, 239, 625 S.E.2d 248, 249-250 (Ct.App.2006); State v. Broaddus, 361 S.C. 534, 539, 605 S.E.2d 579, 582 (Ct.App.2004). "A court's ruling on the admissibility of ......