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2009-UP-544 - State v. Docherty

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.

Alton Lee Docherty, Sr., Appellant.


Appeal From Sumter County
 Ralph F. Cothran, Circuit Court Judge


Unpublished Opinion No. 2009-UP-544
Submitted November 2, 2009 – Filed November 19, 2009   


AFFIRMED


Deputy Chief Appellate Defender Wanda H. Carter, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McInosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Cecil K Jackson, of Sumter, for Respondent.

PER CURIAM:  Alton Lee Docherty, Sr. appeals his conviction for criminal sexual conduct (CSC) with a minor, arguing the trial court erred in denying his directed verdict motion.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority:  State v. Bailey, 368 S.C. 39, 43 n.4, 626 S.E.2d 898, 900 n.4 (Ct. App. 2006) (holding if a defendant presents evidence after the denial of his directed verdict motion at the close of the State's case, he must make another directed verdict motion at the close of all evidence in order to appeal the sufficiency of the evidence). 

AFFIRMED. 

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


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