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2009-UP-223 - In The Interest of J. C.

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

In The Interest of J. C., A Minor Under The Age of Seventeen, Appellant.


Appeal From Greenville County
Alvin D. Johnson, Family Court Judge
Wesley L. Brown, Family Court Judge


Unpublished Opinion No.  2009-UP-223
Submitted May 1, 2009 – Filed May 27, 2009


AFFIRMED


Appellate Defender Kathrine H. Hudgins, 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 Harold M. Coombs, Jr., all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM: J.C. alleges the family court erred in denying his motion for a directed verdict.  We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) (“When ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight.  A defendant is entitled to a directed verdict when the state fails to produce evidence of the offense charged.”); State v. Childs, 299 S.C. 471, 47, 385 S.E.2d 839, 843 (1989) (explaining a directed verdict motion should be denied when there is any evidence, direct or circumstantial, which reasonably tends to prove the guilt of the accused or from which the guilt of the accused may be fairly and logically deduced).  

AFFIRMED.[1]

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


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