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2012-UP-175 - State v. Davis

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.

Bobby Davis, Appellant.


Appeal From Aiken County
Clifton Newman, Circuit Court Judge


Unpublished Opinion No.  2012-UP-175
Submitted March 1, 2012 – Filed March 14, 2012


AFFIRMED


Appellate Defender Tristan Shaffer, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM: Bobby Davis appeals his conviction for third-degree criminal sexual conduct (CSC), arguing the trial court erred in denying in his motion for a directed verdict. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Morgan, 352 S.C. 359, 364, 574 S.E.2d 203, 205 (Ct. App. 2002) ("When ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight.  On appeal from the denial of a directed verdict, an appellate court must view the evidence in the light most favorable to the State. If there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, [the appellate court] must find the case was properly submitted to the jury." (internal citations omitted)); S.C. Code Ann. § 16-3-654(1)(a) (2003) ("A person is guilty of [CSC] . . . if the actor engages in sexual battery with the victim and . . . the actor uses force or coercion to accomplish the sexual battery.").

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.


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