Opinion
Appellate Case No. 2016-001407 Unpublished Opinion No. 2018-UP-199
05-09-2018
The State, Respondent, v. Tony Randal Lewis, Appellant.
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, all for Respondent.
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 Spartanburg County
Roger L. Couch, Circuit Court Judge
AFFIRMED
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, all for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Brown, 360 S.C. 581, 586, 602 S.E.2d 392, 395 (2004) (entitling the accused to a directed verdict when the State fails to present evidence 2 on a material element of the offense charged); S.C. Code Ann. § 23-3-470(A) (Supp. 2017) ("It is the duty of the offender to contact the sheriff in order to register . . . . If an offender fails to register . . . as required by this article, he must be punished as provided in subsection (B)."); State v. Scriven, 339 S.C. 333, 338, 529 S.E.2d 71, 73 (Ct. App. 2000) (determining statutory "provisions for sentence enhancement upon conviction for a second or greater offense . . . are not elements of the offense"); State v. Spratt, 383 S.C. 212, 213, 678 S.E.2d 266, 267 (Ct. App. 2009) ("The Sixth and Fourteenth Amendments to the United States Constitution prohibit a prior uncounseled conviction resulting in a sentence of imprisonment from being used to enhance the punishment for a subsequent conviction."). AFFIRMED. HUFF, GEATHERS, and MCDONALD, JJ., concur.