State v. Mack

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 Mack, Appellant.

Appellate Case No. 2011-187127

Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2013-UP-161
Heard April 9, 2013 – Filed April 17, 2013

AFFIRMED

Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Julie Kate Keeney, both of Columbia;
and Solicitor Barry J. Barnette, of Spartanburg, for
Respondent.

PER CURIAM: John Mack appeals his convictions of first-degree burglary and
grand larceny. Mack argues the trial court erred in denying his motion to quash his
first-degree burglary indictment because it was inaccurate and overbroad. He
further contends the trial court erred in denying his motion for a directed verdict on
both the first-degree burglary and grand larceny charges. We affirm pursuant to
Rule 220(b), SCACR, and the following authorities:

1. As to whether the trial court erred in denying Mack's motion to quash: State v.
Shoemaker, 276 S.C. 86, 88, 275 S.E.2d 878, 879 (1981) (affirming the trial court's
decision to deny a motion to quash because the defendant knew the crime she was
being prosecuted for and there was no indication the defendant was unfairly
prejudiced); State v. Bultron, 318 S.C. 323, 329-30, 457 S.E.2d 616, 620 (Ct. App.
1995) (affirming the trial court's decision to deny a motion to quash an indictment
based on a mere scrivener's error).

2. As to whether the trial court erred in denying Mack's directed verdict motions:
State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) ("If there is any
direct evidence or any substantial circumstantial evidence reasonably tending to
prove the guilt of the accused, the [c]ourt must find the case was properly
submitted to the jury.").

SHORT, THOMAS, and PIEPER, JJ., concur.

AFFIRMED.