Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
2005-UP-485 - State v. Portee

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State of South Carolina,        Respondent,

v.

Leroy Portee, Jr.,        Appellant.


Appeal From Richland County
G. Thomas Cooper, Jr., Circuit Court Judge


Unpublished Opinion No. 2005-UP-485
Submitted August 1, 2005 – Filed August 15, 2005   


AFFIRMED


Assistant Appellate Defender Eleanor Duffy Cleary, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., Office of the Attorney General, of Columbia; Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Leroy Portee appeals from his conviction for armed robbery and sentence to fifteen years in prison.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Issue I:  State v. Gentry, 363 S.C. 93, 102-03, 610 S.E.2d 494, 500 (2005) (view indictment with practical eye to determine sufficiency of notice); State v. McHoney, 344 S.C. 85, 97, 544 S.E.2d 30, 36 (2001) (if there is any direct evidence or substantial circumstantial evidence reasonably tending to prove the guilt of the accused, we must find the case was properly submitted to the jury).  Issue II: State v. Gentry, 363 S.C. 93, 102-03, 610 S.E.2d 494, 500 (2005) (if an indictment is challenged as insufficient or defective, the defendant must raise that issue before the jury is sworn and not afterwards); State v. Wilkes, 353 S.C. 462, 578 S.E.2d 717 (2003); S.C. Code Ann. § 17-19-90 (2003).

AFFIRMED.

ANDERSON, HUFF, and WILLIAMS, JJ., concur.   


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