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STATE v. BREEZE

No. 4430.

379 S.C. 538 (2008)

665 S.E.2d 247

The STATE, Respondent, v. Elbert W. BREEZE, Appellant.

Court of Appeals of South Carolina.

Decided July 23, 2008.

Attorney(s) appearing for the Case

Appellate Defender Eleanor Duffy Cleary, South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, Office of the Attorney General, all of Columbia; and Solicitor Robert Mills Ariail of Greenville, for Respondent.

WILLIAMS, J.:

In this criminal case, we affirm the trial court's determination that Elbert Breeze (Breeze) properly waived his Miranda1 rights. We also affirm the trial court's decision not to charge the jury that an adverse inference could be suggested from the State's failure to preserve the marijuana.

FACTS

Officer Michael Collier (Collier) of the South Carolina Highway Patrol was observing a driver's license...

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