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2009-UP-542 - State v. Barnes

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

John Gregory Barnes, Appellant.


Appeal From Greenwood County
 D. Garrison Hill, Circuit Court Judge


Unpublished Opinion No. 2009-UP-542
Submitted November 2, 2009 – Filed November 19, 2009   


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, 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 Christina J. Catoe, all of Columbia; and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

PER CURIAM:  John Gregory Barnes appeals his convictions for possession or attempt to possess methamphetamine and unlawful conduct to a child.  Barnes argues the trial court erred in denying his directed verdict motion and admitting evidence obtained pursuant to an invalid consent to search.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: 

1. As to the directed verdict issue:  State v. Frazier, 375 S.C. 575, 581, 654 S.E.2d 280, 283 (Ct. App. 2007) ("If there is any direct evidence or substantial circumstantial evidence reasonably tending to prove the guilt of the accused, an appellate court must find the case was properly submitted to the jury.").

2. As to the suppression of evidence issue:  State v. Wannamaker, 346 S.C. 495, 499, 552 S.E.2d 284, 286 (2001) (holding to preserve an issue regarding the admissibility of evidence, a contemporaneous objection must be made and failure to object when evidence is offered constitutes a waiver of the right to have the issue considered on appeal).

AFFIRMED.

HEARN, C.J., HUFF and GEATHERS, JJ., concur.


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