State v. Harris

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.

James Harris, Appellant.

Appellate Case No. 2012-207968

Appeal From Beaufort County
Michael G. Nettles, Circuit Court Judge

Unpublished Opinion No. 2014-UP-362
Heard September 9, 2014 – Filed October 15, 2014

AFFIRMED

Appellate Defender Carmen Vaughn Ganjehsani, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson, and Assistant
Attorney General Christina Catoe Bigelow, both of
Columbia; and Solicitor Isaac McDuffie Stone, III, of
Bluffton for Respondent.

PER CURIAM: James Harris appeals his conviction for unlawful carrying of a
pistol and appeals the sentence for his conviction for failing to stop for a blue light.
We affirm pursuant to Rule 220(b), SCACR, and the following authorities: State
v. Brandt, 393 S.C. 526, 542, 713 S.E.2d 591, 599 (2011) (stating a directed
verdict is properly denied when there is any evidence, direct or substantial
circumstantial, that reasonably tends to prove the defendant's guilt); id. (providing
when reviewing a denial of a directed verdict, "an appellate court views the
evidence and all reasonable inferences in the light most favorable to the State");
State v. Cherry, 361 S.C. 588, 594, 606 S.E.2d 475, 478 (2004) (indicating a trial
court should not refuse to direct a verdict "when the evidence merely raises a
suspicion that the accused is guilty," but "a trial judge is not required to find that
the evidence infers guilt to the exclusion of any other reasonable hypothesis")
(citations omitted); State v. Zulfer, 345 S.C. 258, 262-63, 547 S.E.2d 885, 887 (Ct.
App. 2001) (holding when the plain language of a statute provides for the
enhancement of the offense based on a prior conviction and the language does not
limit the prior conviction to one in South Carolina, consideration of the out-of-state
conviction is appropriate).

AFFIRMED.

HUFF, SHORT, and KONDUROS, JJ., concur.