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2005-UP-527 - State v. Frain

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,        Respondent,

v.

Robert Frain,        Appellant.


Appeal From Aiken County
Perry M. Buckner, Circuit Court Judge


Unpublished Opinion No.  2005-UP-527
Submitted August 1, 2005 – Filed September 15, 2005


AFFIRMED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, Office of the Attorney General, all of Columbia; and  Solicitor Barbara R. Morgan, of Aiken, for Respondent.

PER CURIAM:  Robert Frain appeals his convictions for exposure of private parts in a lewd and lascivious manner arguing he was entitled to a directed verdict because no credible evidence existed to support a finding that the exposure occurred in a public place.  Affirmed[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Parler, 217 S.C. 24, 26, 59 S.E.2d 489, 489 (1950) (holding if a defendant makes a motion for a directed verdict at the close of the State’s case, he must make another directed verdict motion at the close of all of the evidence in order to appeal the sufficiency of the evidence); State v. Adams, 332 S.C. 139, 504 S.E.2d 124 (Ct. App. 1998) (finding the defendant’s argument not preserved for review because the record did not reflect that he renewed his motion for a directed verdict the motion at the close of his case).

AFFIRMED.

HEARN, C.J. and STILWELL and KITTREDGE, JJ., concur.


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