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State v. Newland

Court of Appeals of South Carolina
Dec 23, 2013
2013-UP-483 (S.C. Ct. App. Dec. 23, 2013)

Opinion

2013-UP-483

12-23-2013

The State, Respondent, v. Debra Solt Newland, Appellant. Appellate Case No. 2011-202968

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.


UNPUBLISHED OPINION

Submitted December 1, 2013

Appeal From Greenville County Robin B. Stilwell, Circuit Court Judge

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), affd, 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.

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

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


Summaries of

State v. Newland

Court of Appeals of South Carolina
Dec 23, 2013
2013-UP-483 (S.C. Ct. App. Dec. 23, 2013)
Case details for

State v. Newland

Case Details

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

Court:Court of Appeals of South Carolina

Date published: Dec 23, 2013

Citations

2013-UP-483 (S.C. Ct. App. Dec. 23, 2013)