State v. Butler

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.

Kenneth G. Butler, Sr., Appellant.

Appellate Case No. 2013-002455

Appeal From Cherokee County
R. Keith Kelly, Circuit Court Judge

Unpublished Opinion No. 2015-UP-368
Submitted July 1, 2015 – Filed July 22, 2015

AFFIRMED

Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Salley W. Elliott,
both of Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Gaster, 349 S.C. 545, 555, 564 S.E.2d 87, 92 (2002) ("In
ruling on a directed verdict motion, the trial court is concerned with the existence
of evidence, not its weight."); State v. Weston, 367 S.C. 279, 292, 625 S.E.2d 641,
648 (2006) (stating when reviewing a denial of a directed verdict, an appellate
court views the evidence and all reasonable inferences in the light most favorable
to the State); State v. Tuckness, 257 S.C. 295, 299, 185 S.E.2d 607, 608 (1971)
("The question of the intent with which an act is done is one of fact and is
ordinarily for jury determination except in extreme cases where there is no
evidence thereon."); id. ("Intent is seldom susceptible to proof by direct evidence
and must ordinarily be proven by circumstantial evidence, that is, by facts and
circumstances from which intent may be inferred.").1

AFFIRMED.2

THOMAS, KONDUROS, and GEATHERS, JJ., concur.

1
Butler's argument that the trial court "applied the wrong standard for a directed
verdict when [it] stated . . . only a 'scintilla' of evidence was needed" is
unpreserved. See State v. Dunbar, 356 S.C. 138, 142, 587 S.E.2d 691, 693-94
(2003) ("In order for an issue to be preserved for appellate review, it must have
been raised to and ruled upon by the trial [court]. Issues not raised and ruled upon
in the trial court will not be considered on appeal.").
2
We decide this case without oral argument pursuant to Rule 215, SCACR.