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2010-UP-071 - The State v. Daniel Nations

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.

Daniel Nations, Appellant.


Appeal From Beaufort County
Carmen T. Mullen, Circuit Court Judge


Unpublished Opinion No. 2010-UP-071
Submitted January 4, 2010 – Filed February 1, 2010  


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, 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 Christina J. Catoe, all of Columbia; Solicitor I. McDuffie Stone, III, of Bluffton, for Respondent.

PER CURIAM:  Daniel Nations appeals his conviction and sentence for indecent exposure, arguing the State failed to prove he indecently exposed himself in a public place.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  S.C. Code Ann. § 16-15-130(A) (2003 & Supp. 2009) ("It is unlawful for a person to wilfully, maliciously, and indecently expose his person in a public place, on public property, or to the view of any person on a street or highway.") (emphasis added); State v. Bailey, 298 S.C. 1, 5, 377 S.E.2d 581, 584 (1989) ("A party cannot argue one ground for a directed verdict in trial and then an alternative ground on appeal."); State v. Williams, 280 S.C. 305, 306-07, 312 S.E.2d 555, 556 (1984) (citing with favor the definition of "public place" appearing in the fourth edition of Black's Law Dictionary and noting that it was "common knowledge" that the particular locations at issue were not private residences).

AFFIRMED.

SHORT, THOMAS, and KONDUROS, JJ., concur.


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