State v. Abercrombie

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.

James Jermaine Abercrombie, Appellant.

Appeal From Greenville County

 Larry R. Patterson, Circuit Court Judge

Unpublished Opinion No. 2010-UP-280

Submitted May 3, 2010 – Filed May 20, 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
Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and
Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM: James
Jermaine Abercrombie appeals his conviction for possession of crack cocaine
with intent to distribute.  On appeal, Abercrombie contends the trial court
erred in denying his motion for a directed verdict.  Abercrombie also asserts
error in the jury instruction.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1.  As to whether the trial
court erred in denying Abercrombie's motion for a directed verdict: State v. Weston,
367 S.C. 279, 292, 625 S.E.2d 641, 648 (2006) (stating that when ruling on a
motion for a directed verdict, the trial court is concerned with the existence
or nonexistence of evidence, not its weight);  Id. (explaining a
defendant is entitled to a directed verdict when the State fails to produce
evidence of the offense charged); Id. at 292-93, 625 S.E.2d at 648 (providing
when this court reviews the denial of a directed verdict motion it "views the
evidence and all reasonable inferences in the light most favorable to the State,
and 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"). 

2.  As to whether the trial
court erred in giving the jury instruction: In re McCracken, 346 S.C. 87,
92, 551 S.E.2d 235, 238 (2001) ("A bald assertion, without supporting
argument, does not preserve an issue for appeal."). 

AFFIRMED.

KONDUROS, GEATHERS, and
LOCKEMY, JJ., concur.

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