THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State,
Respondent,
v.
Demetrius R. Spencer,
Appellant.
Appeal From Greenwood County
J. Derham Cole, Circuit Court Judge
Unpublished Opinion No. 2003-UP-419
Submitted April 7, 2003 Filed June
19, 2003
AFFIRMED
Senior Assistant Appellate Defender Wanda H. Haile, of Columbia,
for Appellant.
Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor William
Townes Jones, of Greenwood, for Respondent.
PER CURIAM: Demetrius R. Spencer was convicted
of numerous crimes, including grand larceny of a motor vehicle and armed robbery.
Spencer appeals. We affirm.
FACTS/PROCEDURAL HISTORY
In July, 1998, a black male, later identified as Spencer,
entered a convenience store wearing white Nike shoes, jeans, and a white t-shirt.
He watched the store clerk count money, asked to use the restroom, and left.
Approximately ten minutes later, a black male entered the store wearing a nylon
stocking over his head, jeans, a black, hooded sweatshirt, and white Nike shoes.
The clerk recognized the voice and the white Nike shoes as belonging to the
same man, who had previously entered the store. The robber pointed a gun at
the clerk and ordered her to give him money. The clerk filled a bank bag with
approximately $3,000 in small bills and gave it to the robber, who left the
store.
As he left the store, the robber encountered two store
patrons. He initially pointed the gun at them, but then lowered the gun and
fired it at the ground. The robber left the stores parking lot on foot and
headed down Haltiwanger Road toward Mallard Court. Immediately following the
robbery, a police officers patrol car was almost struck by a red and white
Mercury Marquis being driven away from Mallard Court by a black male. Subsequently,
police officers discovered a red and white Mercury Marquis abandoned behind
a nearby business. During a search of the vehicle, officers found a small amount
of cash, a dark, hooded sweatshirt, nylon hosiery and Spencers fingerprints
on the vehicles stick-shift. Officers also discovered the vehicle had been
reported stolen earlier that day by a used car dealership located near the Econolodge
Motel.
Following the robbery, Spencer visited a used car dealership
and expressed interest in purchasing a Cadillac but indicated he wanted it titled
in his sisters name. That afternoon, Spencers sister returned and purchased
the Cadillac for $1,260.00, using small bills.
Police officers arrested Spencer for armed robbery.
While at the police station, Spencer made a phone call, during which an officer
overheard Spencer telling someone to go by room 269 to get his clothes and
shoes. Officers determined Spencers sister was registered in room 269 at the
Econolodge. Officers searched the motel room, and found Spencers fingerprints
and a pair of white Nike shoes. During a subsequent search of the area around
Spencers home, police officers found the bank bag given to the robber during
the robbery.
Spencer was tried and convicted of armed robbery, two
counts of assault of a high and aggravated nature, grand larceny, pointing and
presenting a firearm, and possession of a firearm during the commission of a
violent crime. Spencer was sentenced to 30 years imprisonment for armed robbery,
10 years imprisonment for each count of assault of a high and aggravated nature,
5 years imprisonment for grand larceny, 5 years imprisonment for pointing and
presenting a firearm, and 5 years imprisonment for possession. The sentence
for armed robbery was to be served consecutively with the sentence for one count
of assault of a high and aggravated nature. The other sentences were to be
served concurrently. Spencer appeals.
LAW/ANALYSIS
On appeal, Spencer asserts the trial court erred
by: 1) failing to sever the grand larceny charge from the other charges; 2)
denying Spencers motion for a directed verdict with respect to the grand larceny
charge; 3) allowing the State to introduce evidence of a conversation between
Spencer and the used car dealer regarding the purchase of a Cadillac, as well
as evidence of the subsequent purchase of that vehicle by Spencers sister;
and 4) allowing the State to introduce into evidence items found during a warrantless
search of the Mercury Marquis.
I. Severance of Grand Larceny Charge
Spencer argues the trial court erred by failing
to sever the grand larceny charge because it did not arise out of the same transaction
as the other charges. We disagree.
A motion to sever is addressed to the sound discretion
of the trial court, and this Court will not disturb that decision absent an
abuse of discretion. State v. Tucker, 324 S.C. 155, 164, 478 S.E.2d
260, 265 (1996). Charges can be . . . tried together where they arise out
of a single chain of circumstances, are proved by the same evidence, or are
of the same general nature, and no real right of the defendant has been prejudiced.
Id. Moreover, [w]hen offense are interconnected they are considered
to be part of the same general nature. State v. Grace, 350 S.C. 19,
23, 564 S.E.2d 331, 333 (Ct. App. 2002), cert. denied (Nov. 21, 2002);
see also State v. Tate, 286 S.C. 462, 464, 334 S.E.2d 289, 290
(1985) (holding a single chain of circumstances means a single course of conduct
or connected transactions).
In the present case, the grand larceny, armed robbery
and other charges were all committed within a short time. These crimes were
also committed in close geographic proximity to each other. Furthermore, an
eyewitness testified that approximately fifteen minutes prior to the armed robbery
she saw the Mercury Marquis parked in the middle of the driveway on Mallard
Court, facing outwards. The witness further testified that a few moments after
the armed robbery, she saw the vehicle driving away. Another eyewitness testified
that after the robbery, the robber ran along Haltiwanger Road toward Mallard
Court. Additionally, a police officer testified that while responding to the
emergency call regarding the robbery, his patrol car was almost struck by a
Mercury Marquis being driven away from Mallard Court by a black male. Finally,
police officers discovered evidence in the Mercury Marquis connecting Spencer
to the armed robbery.
From the evidence presented at trial, a reasonable
jury could have concluded Spencer stole the Mercury Marquis prior to the armed
robbery with the intent of using it as his get-a-way car. The vehicle was
parked in a location and manner allowing the robber to escape quickly from the
area, following the armed robbery. Evidence of the armed robbery was obtained
from inside the Mercury Marquis, thus connecting the grand larceny with the
armed robbery. Moreover, because evidence regarding Spencers theft of the
vehicle would have been admissible in a separate trial for armed robbery to
furnish[] part of the context of the crime . . . [or] to complete the story
of the crime . . . by proving its immediate context or the res gestae . .
. [no] reason [would exist] to fragmentize the event under inquiry. State
v. Adams, 322 S.C. 114, 122, 470 S.E.2d 366, 370-71 (1996) (quoting United
States v. Masters, 622 F.2d 83, 86 (4th Cir. 1980)). Finally, by consolidating
all charges, the trial court was fostering judicial economy. See United
States v. Hines, 39 F.3d 74, 79 (4th Cir. 1994), vacated in part on other
grounds by Hines v. United States, 516 U.S. 1156 (1996), cited
with approval in Grace, 350 S.C. at 24, 564 S.E.2d at 333-34.
Thus, given our limited scope of review, we cannot
say the trial court abused its discretion in consolidating the grand larceny
charge with the other charges against Spencer.
II. Motion for Directed Verdict
Spencer argues the trial court erred by failing
to grant a directed verdict with respect to the grand larceny charge because
the State failed to produce sufficient evidence establishing Spencer stole the
Mercury Marquis. We disagree.
A defendant is entitled to a directed verdict
when the State fails to produce evidence of the offense charged. State
v. McKnight, 352 S.C. 635, 642, 576 S.E.2d 168, 171 (2003). However, [when]
reviewing a motion for directed verdict, the trial judge is concerned with the
existence of the evidence, not with its weight. Id. On appeal from
the denial of a motion for directed verdict, this Court must view the evidence
in a light most favorable to the State[,] State v. Burdette, 335 S.C.
34, 46, 515 S.E.2d 525, 531 (2000), and determine whether there is any direct
or substantial circumstantial evidence that reasonably tends to prove the defendants
guilt or from which his guilt may be logically deduced[,] State v. Pinckney,
339 S.C. 346, 349, 529 S.E.2d 526, 527 (2000).
Just prior to the robbery, the stolen Mercury Marquis
was parked on Mallard Court, facing outwards. After robbing the store and threatening
two of its patrons, the robber left the stores parking lot and immediately
ran down Haltiwanger Road toward Mallard Court. A black male then hastily drove
the stolen vehicle away from Mallard Court, almost striking a police officers
patrol vehicle. The vehicle was later discovered abandoned, behind a nearby
business with evidence tying Spencer to the armed robbery and the stolen vehicle.
Taking this evidence in the light most favorable
to the state, we find substantial circumstantial evidence exits from which a
reasonable jury could logically deduce Spencer stole the Mercury Marquis prior
to the armed robbery. See Burdette, 335 S.C. at 46, 515 S.E.2d
at 531; Pinckney, 339 S.C. at 349, 529 S.E.2d at 527. Therefore, the
trial court correctly refused Spencers motion for a directed verdict.
III. Used Car Purchase
Spencer argues the trial court erred by allowing the
State to introduce evidence of a conversation between Spencer and a used car
dealer regarding the purchase of a Cadillac, as well as evidence of the subsequent
purchase of vehicle by Spencers sister, asserting the evidence was irrelevant
and prejudicial. We disagree.
The trial [court] is given broad discretion in ruling
on questions concerning the relevancy of evidence, and [its] decision will be
reversed only if there is a clear abuse of discretion. State v. Alexander,
303 S.C. 377, 380, 401 S.E.2d 146, 148 (1991). Evidence is relevant if it tends
to make more or less probable some matter at issue on which it directly or indirectly
bears. State v. Schmidt, 288 S.C. 301, 303, 342 S.E.2d 401, 403 (1986).
Moreover, [a]ll that is required[, for evidence to be relevant,] is that the
fact shown tends to make more or less probable some matter in issue and to bear
directly or indirectly thereon. It is not required that the inference sought
should necessarily follow from the fact proved. State v. Benjamin,
345 S.C. 470, 480 n.8, 549 S.E.2d 258, 263 n.8 (2001). Furthermore, relevant
evidence may be excluded if its probative value is substantially outweighed
by danger of unfair prejudice. Rule 403, SCRE; see State v. Shuler,
353 S.C. 176, ___, 577 S.E.2d 438, 442 (2003).
During trial, the court admitted, over Spencers objection,
the following evidence: 1) the morning of the robbery, Spencer visited a used
car dealership and expressed interest in purchasing a Cadillac but indicated
he wanted it titled in his sisters name; and 2) Spencers sister returned that
afternoon and purchased the vehicle for $1,260.00, using small bills. Spencer
asserts this was error.
Contrary to Spencers contention, this evidence was
admissible to establish Spencers motive for committing the robbery and to describe
his attempt to cover up the crime. Moreover, Spencer asserts this evidence
was substantially more prejudicial than probative but provides us with no additional
explanation. Having thoroughly reviewed the record, we see no reason to disturb
the trial courts exercise of its broad discretion in admitting this evidence.
Alexander, 303 S.C. at 380, 401 S.E.2d at 148.
IV. Warrantless Search
Spencer argues the trial court erred by permitting
the State to introduce evidence found during a warrantless search of the Mercury
Marquis. This issue is not preserved for appellate review.
A ruling in limine is not final; unless
an objection is made at the time the evidence is offered and a final ruling
procured, the issue is not preserved for review. State v. Owens, 346
S.C. 637, 651, 552 S.E.2d 745, 753 (2001); see State v. Simpson,
325 S.C. 37, 42, 479 S.E.2d 57, 60 (1996) (holding [u]nless an objection is
made at that time the evidence is offered and a final ruling made, the issue
is not preserved for review).
Before trial, Spencer made a motion in limine,
asking the trial court to exclude all evidence obtained from the warrantless
search of the Mercury Marquis. The trial court denied Spencers motion but
specifically reserved the right to review its ruling as evidence was presented
during the trial. During the trial, the State offered into evidence items obtained
during the search of the Mercury Marquis. When the trial court asked whether
there was any objection, Spencers counsel responded No objection, and the
trial court admitted the items.
Although Spencer made a motion in limine
prior to trial to exclude this evidence, he did not make a contemporaneous objection
when the State offered the evidence during the trial. Thus, this issue is not
preserved for our review. See Owens, 346 S.C. at 651, 552 S.E.2d
at 753; Simpson, 325 S.C. at 42, 479 S.E.2d at 60.
CONCLUSION
For the foregoing reasons, Spencers convictions
are
AFFIRMED. [1]
STILWELL, HOWARD, JJ., and STROM, Acting Judge,
concur.
[1]
Because oral argument would not aid the Court in resolving any issue
on appeal, we decide this case without oral argument pursuant to Rule 215,
SCACR.