State v. Stevens

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(D)(2), SCACR. 

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Neal Stevens, Appellant.

Appeal From Aiken County

 Doyet A. Early, III, Circuit Court Judge

Unpublished Opinion No. 2007-UP-527

Submitted November 1, 2007 – Filed
November 13, 2007

AFFIRMED

Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliot, Assistant
Attorney General Julie M. Thames, all of Columbia, and Solicitor Barbara R.
Morgan, of Aiken, for Respondent.

PER CURIAM:   
Neal Stevens appeals his conviction of first-degree criminal sexual conduct.  Stevens
asserts the trial judge erred in denying his motion for directed verdict on the
basis that a reasonable jury could not have found
him guilty of the single first-degree criminal sexual conduct charge, because
the jury acquitted him on nearly identical charges, based on the similar
evidence, involving the same victim.  We affirm[1] pursuant to Rule 220(b)(2), SCACR, and the following authorities:  State v. Edwards, 298 S.C. 272, 275, 379 S.E.2d 888, 889 (1989) (finding that on a
motion for a directed verdict in a criminal case, the trial court is concerned
with the existence or non-existence of evidence, not its weight);  State v.
McGowan, 347 S.C. 618, 622, 557 S.E.2d 657, 659 (2001) (holding if the
State presents any direct evidence or any substantial circumstantial evidence
which reasonably tends to prove the guilt of the accused, an appellate court
must find the case was properly submitted to the jury).

AFFIRMED.

HEARN, C.J., and KITTREDGE and THOMAS, JJ., concur.

[1]  Because oral argument would not aid the court in
resolving the issues on appeal, we decide this case without oral argument
pursuant to Rule 215, SCACR.