State v. Lail

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Jerry Lee Lail,       
Appellant.

Appeal From Greenville County

John W. Kittredge, Circuit Court Judge

Unpublished Opinion No. 2004-UP-022

Submitted November 19, 2003 – Filed
January 15, 2004

AFFIRMED

Jeffrey Falkner Wilkes, of Greenville, for Appellant. 

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
and Assistant Attorney General David Spencer, all of Columbia; and Solicitor
Robert M. Ariail, of Greenville, for Respondent.

PER CURIAM:  Jerry Lee Lail appeals
his conviction and sentence for driving under the influence of prescription
painkillers. 

We affirm pursuant to Rule 220(b)(2),
SCACR, and the following authorities: [1]  State v. Parler, 217 S.C. 24, 59 S.E.2d
489 (1950) (holding under circuit court Rule 76, a defendant who fails to renew
a directed verdict motion after presenting evidence during his case has not
preserved the denial for review by the appellate court); see also
Rule 19 note, SCRCrimP (stating the rule is “substantially the substance of
Circuit Court Rule 76”); 15 S.C. Juris. Appeal & Error § 80 (1992)
(“If a defendant presents evidence after the denial of his directed verdict
motion at the close of the plaintiff’s case, he must make a directed verdict
motion at the close of all the evidence to appeal the sufficiency of the evidence.”).

AFFIRMED.

STILWELL, HUFF, and BEATTY, JJ.,
concur.

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