June 15, 2017
OF CERTIORARI TO THE COURT OF APPEALS
from Greenville County Letitia H. Verdin, Circuit Court Judge
Falkner Wilkes and Steve W. Sumner, both of Greenville, for
Attorney General Alan Wilson and Assistant Attorney General
Jennifer Ellis Roberts, both of Columbia, for Respondent.
Andrew T. Looper challenges the court of appeals'
dismissal of his appeal from an interlocutory circuit court
order. We affirm as modified, and in doing so clarify our
rules regarding appealability.
was charged with driving under the influence (DUI) after
being pulled over by a Greenville County Sheriff's Deputy
for speeding. At a pretrial hearing before a magistrate,
Petitioner moved to suppress evidence of field sobriety tests
and breath analysis, arguing they were the fruits of an
unconstitutionally prolonged traffic stop. The magistrate
granted Petitioner's motion to suppress the evidence and
dismissed the DUI charge.
State appealed to the circuit court. The circuit court held the
magistrate erred in granting Petitioner's motion and
reversed and remanded for further proceedings.
Petitioner appealed to the court of appeals, which analogized
the circuit court's order to an interlocutory order
denying a motion to suppress evidence. State v.
Looper, 412 S.C. 363, 366, 772 S.E.2d 516, 517 (Ct. App.
2015). The court of appeals therefore dismissed the appeal,
finding Petitioner was not "aggrieved" in a legal
sense because he had not been convicted and sentenced.
Id. at 365-66, 772 S.E.2d at 517.
issued a writ of certiorari to review the court of
now argues the court of appeals erred by concluding that,
because he had not been convicted below, he was not aggrieved
and not entitled to appeal the circuit court's decision.
We disagree, and we ...