State v. White

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 Damon Lanar White, Appellant.

Appellate Case No. 2016-001302

Appeal From Greenville County
James R. Barber, III, Circuit Court Judge

Unpublished Opinion No. 2019-UP-258
Submitted March 5, 2019 – Filed July 17, 2019

AFFIRMED

William G. Yarborough, III, and Lauren Carole Hobbis,
both of William G. Yarborough III, Attorney at Law,
LLC, of Greenville, for Appellant.

Attorney General Alan McCrory Wilson, Senior
Assistant Deputy Attorney General William M. Blitch,
Jr., and Assistant Attorney General Vann Henry Gunter,
Jr., all of Columbia, and Solicitor William Walter
Wilkins, III, of Greenville, all for Respondent.
PER CURIAM: James D. L. White appeals his convictions for armed robbery,
conspiracy, and two counts of kidnapping, arguing the circuit court erred in: (1)
denying his motion to suppress evidence obtained from two cell phones on the
grounds that his consent to a search of the phones was involuntary due to deceptive
police tactics; (2) failing to exclude photographs found on the phones that were not
relevant and, even if relevant, violated Rule 403 of the South Carolina Rules of
Evidence (SCRE); and (3) denying his motion for a directed verdict. We affirm.

1. We affirm the trial court's finding that White freely and voluntarily consented to
the search of the cell phones, as it is well-supported by the record. See State v.
Wallace, 269 S.C. 547, 550, 238 S.E.2d 675, 676 (1977) ("Whether a consent to
search was voluntary or the product of duress or coercion, express or implied, is a
question of fact to be determined from the 'totality of the circumstances.'"); id. ("The
burden is on the State to show voluntariness"); State v. Johnson, 410 S.C. 10, 18,
763 S.E.2d 36, 40 (Ct. App. 2014) ("When reviewing a Fourth Amendment search
and seizure case, an appellate court must affirm if there is any evidence to support
the ruling." (quoting State v. Wright, 391 S.C. 436, 442, 706 S.E.2d 324, 326
(2011))).

The State presented several witnesses who testified as to the circumstances
surrounding White's police interview and the consent he gave to search the two
phones. Sergeant Motes asked White to come to the station to give a victim/witness
statement, and White acknowledged he did so voluntarily. There was also testimony
about the physical set-up and non-confined nature of the room where White was
questioned, as well as testimony that White was not physically restrained in any way
or otherwise prevented from leaving, drinking water, or using the restroom while
giving his statement. There was also the uncontradicted testimony of Sergeants
Motes and Weiner regarding White's oral consent to allow them to search both
phones and White's written signature on the consent form. White's main contention
is the State tricked him by asking him to come to the station when officers knew he
had a suspended driver's license. The State offered ample evidence that White's visit
to the station was voluntary and his consent to search was not the product of coercion
or duress but was rather his free and voluntary choice. White's argument that his
consent was involuntary due to the investigators' "deceptive practices" is not
supported by the evidence presented at the suppression hearing or trial. There was
no evidence investigators sought to deceive White into believing he had to give
consent to a search of two cell phones on his person because he drove with a
suspended license.
2. We find the trial court did not abuse its discretion in admitting the photographs
found on the cell phones, as the photographs were acutely relevant and not unfairly
prejudicial. See id. at 17, 763 S.E.2d at 40 ("The admission of evidence is within
the discretion of the trial court and will not be reversed absent an abuse of
discretion." (quoting State v. Gaster, 349 S.C. 545, 557, 564 S.E.2d 87, 93 (2002)));
id. ("An abuse of discretion occurs when the trial court's ruling is based on an error
of law or, when grounded in factual conclusions, is without evidentiary support."
(quoting State v. Jennings, 394 S.C. 473, 477–78, 716 S.E.2d 91, 93 (2011))); see
also Rule 401, SCRE (stating evidence is relevant if it has "any tendency to make
the existence of any fact that is of consequence to the determination of the action
more probable or less probable than it would be without the evidence"); Rule 403,
SCRE ("Although relevant, evidence may be excluded if its probative value is
substantially outweighed by the danger of unfair prejudice, confusion of the issues,
or misleading the jury, or by considerations of undue delay, waste of time, or
needless presentation of cumulative evidence.").

There was evidence that: the robbery was an inside job; Gadsden and White had
numerous cell phone contacts the day after the robbery; someone was holding large
amounts of cash the day after the robbery in the photographs on a cell phone later
possessed by White (an employee of the Olive Garden); the cash in the photographs
were smaller denominations—consistent with the Olive Garden manager's testimony
that the stolen cash consisted of smaller bills; and the photographs of Gadsden
matched the witnesses' physical description of the robber. See State v. Powers, 331
S.C. 37, 46, 501 S.E.2d 116, 120 (1998) (explaining there is no abuse of discretion
if an offered photograph serves to corroborate testimony or substantiate facts); Rule
401, SCRE. Moreover, the probative value of the photographs was not substantially
outweighed by the danger of unfair prejudice. There is nothing about the
photographs that suggests a decision on an improper basis nor were the photographs
likely to elicit an emotional response from the jury. See State v. Hawes, 423 S.C.
118, 129, 813 S.E.2d 513, 519 (Ct. App. 2018) ("To be classified as unfairly
prejudicial, photographs must have a 'tendency to suggest a decision on an improper
basis, commonly, though not necessarily, an emotional one.'" (quoting State v.
Torres, 390 S.C. 618, 623, 703 S.E.2d 226, 228–29 (2010))); see also Rule 403,
SCRE.

3. The trial court did not err in denying White's motion for a directed verdict because
there was substantial circumstantial evidence presented at trial from which White's
guilt could be logically and fairly deduced. See State v. Rothschild, 351 S.C. 238,
243, 569 S.E.2d 346, 348 (2002) ("A defendant is entitled to a directed verdict when
the State fails to produce any direct or substantial circumstantial evidence of the
offense charged."); see also State v. Walker, 349 S.C. 49, 53, 562 S.E.2d 313, 315
(2002) ("When a motion for a directed verdict is made in a criminal case where the
State relies exclusively on circumstantial evidence, the trial judge is required to
submit the case to the jury if there is any substantial evidence which reasonably tends
to prove the guilt of the accused, or from which his guilt may be fairly and logically
deduced." (quoting State v. Lollis, 343 S.C. 580, 584, 541 S.E.2d 254, 256 (2001)));
State v. Bennett, 415 S.C. 232, 236, 781 S.E.2d 352, 354 (2016) ("Nevertheless, a
court is not required to find that the evidence infers guilt to the exclusion of any
other reasonable hypothesis.").

AFFIRMED.1

WILLIAMS, GEATHERS, and HILL, JJ., concur.

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