State v. Bailey

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.

Ernest Ray Bailey, Appellant.

Appellate Case No. 2017-001290

Appeal From Colleton County
Perry M. Buckner, III, Circuit Court Judge

Unpublished Opinion No. 2019-UP-183
Submitted April 1, 2019 – Filed May 29, 2019

AFFIRMED

Appellate Defender Susan Barber Hackett, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Joshua Abraham Edwards, both of
Columbia; and Solicitor Isaac McDuffie Stone, III, of
Bluffton, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Phillips, 416 S.C. 184, 192, 785 S.E.2d 448, 452 (2016) ("In
reviewing a motion for directed verdict, the trial court is concerned with the
existence of evidence, not with its weight."); State v. Weston, 367 S.C. 279, 292,
625 S.E.2d 641, 648 (2006) ("A defendant is entitled to a directed verdict when the
[S]tate fails to produce evidence of the offense charged."); id. ("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 [S]tate."); id. at 292-93,
625 S.E.2d at 648 ("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."); S.C. Code Ann. §
63-5-70(A)(1) (2010) ("It is unlawful for a person who has charge or custody of a
child, or who is the parent or guardian of a child, or who is responsible for the
welfare of a child as defined in section 63-7-20 to: place the child at unreasonable
risk of harm affecting the child's life, physical or mental health, or safety."); S.C.
Code Ann. § 63-7-20(18) (Supp. 2018) ("'Person responsible for a child's welfare'
includes . . . an adult who has assumed the role or responsibility of a parent or
guardian for the child, but who does not necessarily have legal custody of the
child. A person whose only role is as a caregiver and whose contact is only
incidental with a child, such as a babysitter or a person who has only incidental
contact but may not be a caretaker, has not assumed the role or responsibility of a
parent or guardian."); State v. Williams, 405 S.C. 263, 279-80, 747 S.E.2d 194, 203
(Ct. App. 2013) (holding "[defendant's] involvement in Victim's life was some
evidence that he ha[d] assumed the role of a parent"); State v. Palmer, 413 S.C.
410, 421, 776 S.E.2d 558, 564 (2015) (holding that giving a victim medically
unnecessary medication at a dosage three to five times the recommended amount
was "some evidence [the defendant] placed the victim at an unreasonable risk of
harm").

AFFIRMED.1

LOCKEMY, C.J., and SHORT and MCDONALD, JJ., concur.

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