State v. Newland

Full title: The State, Respondent, v. Debra Solt Newland, Appellant.

Court: STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Dec 23, 2013

Appellate Case No. 2011-202968 (S.C. Ct. App. Dec. 23, 2013)

Opinion

Appellate Case No. 2011-202968 Unpublished Opinion No. 2013-UP-483

12-23-2013

The State, Respondent, v. Debra Solt Newland, Appellant.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent.

PER CURIAM

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 Greenville County

Robin B. Stilwell, Circuit Court Judge

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Kennerly, 331 S.C. 442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998), aff'd, 337 S.C. 617, 524 S.E.2d 837 (1999) ("In reviewing a denial of directed verdict, issues not raised to the trial court in support of the directed verdict motion are not preserved for appellate review."); State v. Bailey, 298 S.C. 1, 5, 377 S.E.2d 581, 584 (1989) ("A party cannot argue one ground for a directed verdict in trial and then an alternative ground on appeal."); State v. Bailey, 368 S.C. 39, 43 n.4, 626 S.E.2d 898, 900 n.4 (Ct. App. 2006) ("If a defendant presents evidence after the denial of his directed verdict motion at the close of the State's case, he must make another directed verdict motion at the close of all evidence in order to appeal the sufficiency of the evidence."); State v. Adams, 332 S.C. 139, 144, 504 S.E.2d 124, 126 (Ct. App. 1998) (finding the defendant's argument was not preserved because the "precise argument [asserted on appeal] was neither raised to nor ruled upon by the trial court," and "the record [did] not reflect that [the defendant] renewed the [directed verdict] motion at the close of his case"). AFFIRMED. ¹

1 We decide this case without oral argument pursuant to Rule 215, SCACR.

HUFF, GEATHERS, and LOCKEMY, JJ., concur.