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2011-UP-018 - State v. Pass

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.

Donald Cleo Pass, Appellant.


Appeal From Oconee County
J. Cordell Maddox, Jr., Circuit Court Judge


Unpublished Opinion No. 2011-UP-018
Submitted November 1, 2010 – Filed January 25, 2011   


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Christina T. Adams, of Anderson, for Respondent.

PER CURIAM:   Donald Cleo Pass appeals his conviction and sentence for third-degree burglary, arguing the trial court erred in denying his motion for a directed verdict.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 16-11-313(A) (2003) ("A person is guilty of burglary in the third degree if the person enters a building without consent and with intent to commit a crime therein."); State v. Stanley, 365 S.C. 24, 41, 615 S.E.2d 455, 464 (Ct. App. 2005) ("On appeal from the denial of a directed verdict in a criminal case, an appellate court must view the evidence in the light most favorable to the State. When ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight.") (internal citations omitted). 

AFFIRMED.

THOMAS, PIEPER, and GEATHERS, JJ., concur. 


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