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Unpublished Opinion No. 2010-UP-071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.