State v. Stanley

• Court: Court of Appeals of South Carolina
• Decided: May 11, 2016
• Docket: 2016-UP-194
• Status: Unpublished

Opinion

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.

THE STATE OF SOUTH CAROLINA In The Court of Appeals

The State, Respondent,

v.

Barry Jerrod Stanley, Appellant.

Appellate Case No. 2014-000767

Appeal From Berkeley County Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2016-UP-194 Submitted February 1, 2016 – Filed May 11, 2016

AFFIRMED

Appellate Defender Tiffany Lorraine Butler, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Interim Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Hernandez, 382 S.C. 620, 624, 677 S.E.2d 603, 605 (2009) ("When ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight."); id. (stating if the State fails to produce evidence of the charged offense, then the defendant is entitled to a directed verdict); State v. Cope, 405 S.C. 317, 348, 748 S.E.2d 194, 210 (2013) ("In an appeal from the denial of a directed verdict motion, the appellate court must view the evidence in the light most favorable to the State."); id. (stating this court must affirm the trial court's decision to deny a directed verdict motion and submit the case to the jury if there is any direct or substantial circumstantial evidence reasonably tending to prove the defendant's guilt); S.C. Code Ann. § 44-53-375(C) (Supp. 2015) ("A person . . . who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of . . . cocaine base . . . is guilty of a felony which is known as 'trafficking in . . . cocaine base . . . .'").

AFFIRMED.1

WILLIAMS, LOCKEMY, and MCDONALD, JJ., concur.

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