State v. Lee

• Decision Date: 16 February 2022
• Docket Number: Appellate Case 2019-001405,2022-UP-070
• Court: South Carolina Court of Appeals
• Parties: The State, Respondent, v. Antonio Ricardo Lee, Appellant.

The State, Respondent, v. Antonio Ricardo Lee, Appellant.

No. 2022-UP-070

Appellate Case No. 2019-001405

Court of Appeals of South Carolina

February 16, 2022

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.

Submitted January 1, 2022

Appeal From Beaufort County Deadra L. Jefferson, Circuit Court Judge

Appellate Defender Victor R. Seeger, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent.

PER CURIAM

Antonio Ricardo Lee appeals his convictions for trafficking cocaine 200-400g; possession with intent to distribute heroin, second offense; possession with intent to distribute a controlled substance within proximity to a park; and possession of marijuana and his aggregate sentence of twenty-five years. On appeal, Lee argues the trial court erred in refusing to compel the State to disclose the identity of a confidential informant whose recorded phone call with a third party spurred law enforcement's investigation of Lee.

The trial court did not abuse its discretion in denying Lee's motion for disclosure of the informant's identity because the informant was merely a "tipster," rather than an active participant in the crimes for which Lee was convicted. Accordingly, we affirm pursuant to Rule 220(b) SCACR, and the following authorities: State v. Edwards, 384 S.C. 504, 508, 682 S.E.2d 820, 822 (2009) ("In criminal cases, [appellate courts] will review errors of law only . . . . [and are] bound by the trial court's factual findings unless they are clearly erroneous."); State v. Batson, 261 S.C. 128, 134-35, 198 S.E.2d 517, 520 (1973) ("[T]he burden is upon the accused to show facts and circumstances giving rise to an exception to the privilege against disclosure . . . . [T]he trial court has considerable discretion as to ordering, or refusing to require, disclosure and . . . in the event of refusal, the burden is upon the accused to show prejudice resulting therefrom."); State v. Bultron, 318 S.C. 323, 330, 457 S.E.2d 616, 620 (Ct. App. 1995) ("In determining whether disclosure of an informant's identity is essential to the defense, the trial court must consider whether the informant is a mere 'tipster' who has only peripheral knowledge of the crime or an active participant in the criminal act and/or a material witness on the issue of guilt or innocence."); id. at 331, 457...