State v. Davis

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.

Bobby Davis, Appellant.

Appeal From Aiken County

Clifton Newman, Circuit Court Judge

Unpublished Opinion No.  2012-UP-175

Submitted March 1, 2012 – Filed March 14,
2012

AFFIRMED

Appellate Defender Tristan Shaffer, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John
W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior
Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and
Solicitor J. Strom Thurmond, Jr., of Aiken, for Respondent.

PER CURIAM: Bobby Davis appeals his conviction for third-degree
criminal sexual conduct (CSC), arguing the trial court erred in denying in his
motion for a directed verdict. We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Morgan,
352 S.C. 359, 364, 574 S.E.2d 203, 205 (Ct. App. 2002) ("When ruling
on a motion for a directed verdict, the trial court is concerned with the
existence or nonexistence of evidence, not its weight.  On appeal from the
denial of a directed verdict, an appellate court must view the evidence in the
light most favorable to the State. If there is any direct evidence or any
substantial circumstantial evidence reasonably tending to prove the guilt of
the accused, [the appellate court] must find the case was properly submitted to
the jury." (internal citations omitted)); S.C. Code Ann. § 16-3-654(1)(a)
(2003) ("A person is guilty of [CSC] . . . if the actor engages in sexual
battery with the victim and . . . the actor uses force or coercion to
accomplish the sexual battery.").

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.

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