State v. Morris

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.

Chad Morris, Appellant.

Appellate Case No. 2016-001713

Appeal From Clarendon County
Roger M. Young, Sr., Circuit Court Judge

Unpublished Opinion No. 2019-UP-224
Submitted May 1, 2019 – Filed June 26, 2019

AFFIRMED

Appellate Defender Taylor Davis Gilliam, of Columbia,
for Appellant.

Attorney General Alan McCrory Wilson and Deputy
Attorney General Donald J. Zelenka, both of Columbia;
and Solicitor Ernest Adolphus Finney, III, of Sumter, all
for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Baccus, 367 S.C. 41, 48, 625 S.E.2d 216, 220 (2006) ("In
criminal cases, the appellate court sits to review errors of law only."); State v.
Singleton, 395 S.C. 6, 13, 716 S.E.2d 332, 335-36 (Ct. App. 2011) ("To warrant
reversal based on the admission or exclusion of evidence, the appellant must prove
both the error of the ruling and the resulting prejudice . . . ." (quoting Fields v.
Reg'l Med. Ctr. Orangeburg, 363 S.C. 19, 26, 609 S.E.2d 506, 509 (2005))); Rule
701, SCRE (providing a lay witness may testify "in the form of . . . opinions or
inferences which (a) are rationally based on the perception of the witness, (b) are
helpful to a clear understanding of the witness' testimony or the determination of a
fact in issue, and (c) do not require special knowledge, skill, experience or
training"); Livingston v. Oakman, 251 S.C. 611, 614, 164 S.E.2d 758, 759 (1968)
(permitting a lay witness who perceived vehicle prior to a collision to testify to the
speed of a moving vehicle); Lynch v. Pee Dee Express, 204 S.C. 537, 544, 30
S.E.2d 449, 450 (1944) (permitting lay witness testimony of the speed of the
defendant's truck); S.C. Code Ann. § 50-21-110(B) (2008) ("Negligent operation
includes, but is not limited to, operating a water device at more than idle speed in a
no wake zone, failing to maintain a proper lookout for other boats or persons,
operating too fast for conditions on the water, racing, or pulling a skier through a
designated swimming area.").

AFFIRMED.1

HUFF, THOMAS, and KONDUROS, JJ., concur.

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