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2007-UP-381 - State v. Champion

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.

Marion P. Champion, Appellant.


Appeal From Sumter County
 Steven H. John, Circuit Court Judge


Unpublished Opinion No. 2007-UP-381
Submitted September 1, 2007 – Filed September 18, 2007  


AFFIRMED


Appellate Defender Aileen P. Clare, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, Office of the Attorney General, all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

PER CURIAM:  In January 2006, Marion “Pierre” Champion was tried and convicted by a jury of distribution of crack cocaine.  He was sentenced to fifteen years.  Champion timely appeals this conviction arguing the trial court erred by denying his directed verdict motion. 

We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  In re Matthews, 345 S.C. 638, 550 S.E.2d 311 (2001) (holding that when ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight); State v. Harris, 351 S.C. 643, 653, 572 S.E.2d 267, 273 (2002) (stating if there is any direct evidence or 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); State v. Gaster, 349 S.C. 545, 555, 564 S.E.2d 87, 92 (2002) (holding the appellate court may reverse the trial court’s denial of a motion for a directed verdict only if there is no evidence to support the trial court’s ruling).

AFFIRMED.

HEARN, C.J., ANDERSON and THOMAS, JJ., concur.


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