State v. Pass

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.

Donald Cleo
Pass, Appellant.

Appeal From Oconee County

J. Cordell Maddox, Jr., Circuit Court
Judge

Unpublished Opinion No. 2011-UP-018

Submitted November 1, 2010 – Filed January
25, 2011   

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General Harold M. Coombs, Jr., all of Columbia;
and Solicitor Christina T. Adams, of Anderson, for Respondent.

PER CURIAM:   Donald Cleo Pass appeals his
conviction and sentence for third-degree burglary, arguing the trial court
erred in denying his motion for a directed verdict.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authorities: S.C. Code Ann. § 16-11-313(A) (2003) ("A person is guilty of
burglary in the third degree if the person enters a building without consent
and with intent to commit a crime therein."); State v. Stanley,
365 S.C. 24, 41, 615 S.E.2d 455, 464 (Ct. App.
2005) ("On appeal from the denial of a
directed verdict in a criminal case, an appellate court must view the evidence
in the light most favorable to the State. When ruling on a motion for a
directed verdict, the trial court is concerned with the existence or
nonexistence of evidence, not its weight.") (internal citations omitted). 

AFFIRMED.

THOMAS,
PIEPER, and GEATHERS, JJ., concur. 

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