State v. Brown

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Roosevelt Brown,       
Appellant.

Appeal From Lancaster County

Kenneth G. Goode, Circuit Court Judge

Unpublished Opinion No. 2003-UP-133

Submitted January 10, 2003 – Filed February
19, 2003

AFFIRMED

Assistant Appellate Defender Robert M. Pachak, of
Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles
H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all
of Columbia; and Solicitor John R. Justice, of Chester; for Respondent.

PER CURIAM:  Roosevelt Brown appeals his
conviction for failure to stop for a blue light.  We affirm.

FACTS/PROCEDURAL HISTORY

On February 12, 2000, Officer Davis, a
police officer for the city of Lancaster, observed a red Pontiac Grand-Am. 
Davis saw a black male get into the driver’s seat of the Grand-Am and drive
away.  Davis had previously been informed that a man named Roosevelt Brown was
driving under suspension and was driving a red Pontiac.  Davis followed the
red Pontiac, but never activated his blue lights and eventually lost sight of
the vehicle. 

Davis radioed Officer Mullins, another police officer
on duty, and gave a description of where he had last seen the Grand-Am.  Mullins
testified at trial that he was familiar with Roosevelt Brown and knew him by
sight.  After Davis radioed Mullins, Mullins observed the red Grand-Am stopped
at an intersection.  He recognized the driver as Roosevelt Brown.  Mullins followed
Brown for a short distance and called dispatch to verify Brown’s tag number. 
Mullins activated his blue lights.  He testified that he was within a couple
of car lengths of Brown’s car when he turned his lights on.  He never turned
his siren on. 

Mullins testified that Brown accelerated a little
after the blue lights were activated.  He also testified that Brown looked back
in the mirror and that one of the passengers turned around.  Brown made several
turns before eventually stopping in a church parking lot.  As soon as the car
was stopped, Brown got out of the car and ran on foot.   

Brown was found guilty of failure
to stop for a blue light by a Lancaster County jury.  He was sentenced to two
years.  Brown appeals.

LAW/ANALYSIS

On appeal, Brown argues that the trial
court erred in failing to grant a directed verdict in Brown’s favor.  This issue
is not preserved for our review.

We have thoroughly reviewed the transcript
contained in the record on appeal and are unable to find any indication that
a motion for a directed verdict was made.  “The appellant is responsible for
compiling an adequate record from which this [C]ourt can make an intelligent
review.”  Goodson v. Am. Bankers Ins. Co. of Fla., 295 S.C. 400, 404,
368 S.E.2d 687, 690 (Ct. App. 1988). 

Brown’s brief states: “After the State
rested, the trial court failed to grant a directed verdict to the charge of
failing to stop for a blue light.”  We are unable to discern from the record
if this motion was actually made and whether or not this motion was renewed
at the end of Brown’s case.  “A motion for a directed verdict made at the close
of the [state’s] case is not sufficient to preserve error unless renewed at
the close of all the evidence, because once the defense has come forward with
its proof, the propriety of a directed verdict can only be tested in terms of
all the evidence.”  State v. Harry, 321 S.C. 273, 277, 468 S.E.2d 76,
79 (Ct. App. 1996).  

For the foregoing reasons, we hold that
this issue is not preserved for our review and the decision of the trial court
is

AFFIRMED.

HEARN, C.J., GOOLSBY, and SHULER, JJ.,
concur.