State v. Docherty

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.

Alton Lee Docherty, Sr., Appellant.

Appeal From Sumter County

 Ralph F. Cothran, Circuit Court Judge

Unpublished Opinion No. 2009-UP-544

Submitted November 2, 2009 – Filed
November 19, 2009   

AFFIRMED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McInosh, Assistant Deputy Attorney General Salley W. Elliott, Senior
Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and
Solicitor Cecil K Jackson, of Sumter, for Respondent.

PER CURIAM:  Alton Lee Docherty, Sr. appeals his
conviction for criminal sexual conduct (CSC) with a minor, arguing the trial
court erred in denying his directed verdict motion.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authority:  State v.
Bailey, 368 S.C. 39, 43 n.4, 626
S.E.2d 898, 900 n.4 (Ct. App. 2006) (holding if a defendant presents evidence
after the denial of his directed verdict motion at the close of the State's
case, he must make another directed verdict motion at the close of all evidence
in order to appeal the sufficiency of the evidence). 

AFFIRMED. 

HEARN,
C.J., HUFF and GEATHERS, JJ., concur.

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