State v. Barnes

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.

John Gregory Barnes, Appellant.

Appeal From Greenwood County

 D. Garrison Hill, Circuit Court Judge

Unpublished Opinion No. 2009-UP-542

Submitted November 2, 2009 – Filed
November 19, 2009   

AFFIRMED

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Christina J. Catoe, all of Columbia; and Solicitor Jerry W.
Peace, of Greenwood, for Respondent.

PER CURIAM:  John
Gregory Barnes appeals his convictions for possession or attempt to possess
methamphetamine and unlawful conduct to a child.  Barnes argues the trial court
erred in denying his directed verdict motion and admitting evidence obtained
pursuant to an invalid consent to search.  We affirm[1] pursuant to
Rule 220(b), SCACR, and the following authorities: 

1. As to the
directed verdict issue:  State v.
Frazier, 375 S.C. 575, 581, 654
S.E.2d 280, 283 (Ct. App. 2007) ("If there is any direct evidence or
substantial circumstantial evidence reasonably tending to prove the guilt of
the accused, an appellate court must find the case was properly submitted to
the jury.").

2. As to the suppression of
evidence issue:  State v. Wannamaker, 346 S.C. 495, 499, 552 S.E.2d 284, 286 (2001) (holding to
preserve an issue regarding the admissibility of evidence, a contemporaneous
objection must be made and failure to object when evidence is offered
constitutes a waiver of the right to have the issue considered on appeal).

AFFIRMED.

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

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