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State v. Moore

STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 22, 2014
Appellate Case No. 2012-211107 (S.C. Ct. App. Jan. 22, 2014)

Opinion

Appellate Case No. 2012-211107 Unpublished Opinion No. 2014-UP-025

01-22-2014

The State, Respondent, v. Toby Eugene Moore, Appellant.

John Terrence Mobley, of The Mobley Law Firm, P.A., of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, 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

J. Derham Cole, Circuit Court Judge


AFFIRMED

John Terrence Mobley, of The Mobley Law Firm, P.A., of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) ("If there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, [the appellate court] must find the case was properly submitted to the jury."); id. at 292, 625 S.E.2d at 648 ("When reviewing a denial of a directed verdict, [an appellate court] views the evidence and all reasonable inferences in the light most favorable to the [S]tate."); State v. Mollison, 319 S.C. 41, 45, 459 S.E.2d 88, 91 (Ct. App. 1995) ("Constructive possession occurs when the person charged with possession has dominion and control over either the drugs or the premises upon which the drugs were found."); State v. Hudson, 277 S.C. 200, 203, 284 S.E.2d 773, 775 (1981) ("Where contraband materials are found on premises under the control of the accused, this fact in and of itself gives rise to an inference of knowledge and possession which may be sufficient to carry the case to the jury."). AFFIRMED.

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

FEW, C.J., and PIEPER and KONDUROS, JJ., concur.


Summaries of

State v. Moore

STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 22, 2014
Appellate Case No. 2012-211107 (S.C. Ct. App. Jan. 22, 2014)
Case details for

State v. Moore

Case Details

Full title:The State, Respondent, v. Toby Eugene Moore, Appellant.

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Jan 22, 2014

Citations

Appellate Case No. 2012-211107 (S.C. Ct. App. Jan. 22, 2014)