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2008-UP-656 - State v. Redden

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.

Danny Redden, Appellant.


Appeal From Cherokee County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No.  2008-UP-656
Submitted December 1, 2008 – Filed December 4, 2008 


AFFIRMED


Appellate Defender Lanelle C. Durant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Danny Redden was convicted of second degree burglary and sentenced to fifteen years’ imprisonment, suspended on the service of six years, and three years’ probation.  On appeal, Redden argues the trial court erred by failing to direct a verdict in his favor because the State failed to present evidence he entered the premises without consent.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Evans v. Wabash Life Ins. Co., 247 S.C. 464, 466, 148 S.E.2d 153, 153 (1966) (finding where a defendant presents evidence after moving for a directed verdict, the motion must be renewed to preserve any error for appeal); State v. Carlson, 363 S.C. 586, 608, 611 S.E.2d 283, 294 (Ct. App. 2005) (finding appellant has the burden to provide a sufficient record for review or appeal).

AFFIRMED.

HEARN, C.J., SHORT and KONDUROS, JJ., concur.


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