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2011-UP-119 - State v. Turner

THIS OPINION HAS NO PRECEDENTAL 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.

Michael Adam Turner, Appellant.


Appeal From Colleton County
 John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No. 2011-UP-119
Submitted March 1, 2011 – Filed March 23, 2011   


AFFIRMED


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

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

PER CURIAM:  Michael Adam Turner appeals his conviction for second degree burglary, arguing the trial court erred in denying his motion for a directed verdict because the State failed to present sufficient evidence of his guilt.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Rule 19(a), SCRCrimP (requiring a trial court to consider only the existence or nonexistence of evidence when considering a motion for a directed verdict); McMillian v. State, 383 S.C. 480, 487-88, 680 S.E.2d 905, 908-09 (2009) (explaining that proof of intent necessarily rests on the inferences that can be made from a person's conduct); State v. Brooks, 277 S.C. 111, 113, 283 S.E.2d 830, 831 (1981) (finding that intent to commit a misdemeanor will satisfy the requisite mens rea for the crime of burglary). 

AFFIRMED.

HUFF, SHORT, and PIEPER, JJ., concur.


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