State v. Stanley

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.

Barry Jerrod Stanley, Appellant.

Appellate Case No. 2014-000767

Appeal From Berkeley County
Kristi Lea Harrington, Circuit Court Judge

Unpublished Opinion No. 2016-UP-194
Submitted February 1, 2016 – Filed May 11, 2016

AFFIRMED

Appellate Defender Tiffany Lorraine Butler, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Interim
Senior Assistant Deputy Attorney General John
Benjamin Aplin, both of Columbia; and Solicitor Scarlett
Anne Wilson, of Charleston, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Hernandez, 382 S.C. 620, 624, 677 S.E.2d 603, 605 (2009)
("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. (stating if the State
fails to produce evidence of the charged offense, then the defendant is entitled to a
directed verdict); State v. Cope, 405 S.C. 317, 348, 748 S.E.2d 194, 210 (2013)
("In an appeal from the denial of a directed verdict motion, the appellate court must
view the evidence in the light most favorable to the State."); id. (stating this court
must affirm the trial court's decision to deny a directed verdict motion and submit
the case to the jury if there is any direct or substantial circumstantial evidence
reasonably tending to prove the defendant's guilt); S.C. Code Ann. § 44-53-375(C)
(Supp. 2015) ("A person . . . who is knowingly in actual or constructive possession
or who knowingly attempts to become in actual or constructive possession of ten
grams or more of . . . cocaine base . . . is guilty of a felony which is known as
'trafficking in . . . cocaine base . . . .'").

AFFIRMED.1

WILLIAMS, LOCKEMY, and MCDONALD, JJ., concur.

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