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2004-UP-022 - State v. Lail

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Jerry Lee Lail,        Appellant.


Appeal From Greenville County
John W. Kittredge, Circuit Court Judge


Unpublished Opinion No. 2004-UP-022
Submitted November 19, 2003 – Filed January 15, 2004


AFFIRMED


Jeffrey Falkner Wilkes, of Greenville, for Appellant. 

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Assistant Attorney General David Spencer, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Jerry Lee Lail appeals his conviction and sentence for driving under the influence of prescription painkillers. 

We affirm pursuant to Rule 220(b)(2), SCACR, and the following authorities: [1]  State v. Parler, 217 S.C. 24, 59 S.E.2d 489 (1950) (holding under circuit court Rule 76, a defendant who fails to renew a directed verdict motion after presenting evidence during his case has not preserved the denial for review by the appellate court); see also Rule 19 note, SCRCrimP (stating the rule is “substantially the substance of Circuit Court Rule 76”); 15 S.C. Juris. Appeal & Error § 80 (1992) (“If a defendant presents evidence after the denial of his directed verdict motion at the close of the plaintiff’s case, he must make a directed verdict motion at the close of all the evidence to appeal the sufficiency of the evidence.”).

AFFIRMED.

STILWELL, HUFF, and BEATTY, JJ., concur.


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