State v. Mejean ( 2017 )

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.
Christopher Eric Mejean, Appellant.
Appellate Case No. 2015-001282
Appeal From Greenville County
R. Keith Kelly, Circuit Court Judge
Unpublished Opinion No. 2017-UP-259
Submitted May 1, 2017 – Filed June 28, 2017
AFFIRMED
Appellate Defender John Harrison Strom, of Columbia,
for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both of Columbia; and Solicitor William Walter Wilkins,
III, of Greenville, all for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Harry, 321 S.C. 273, 277, 468 S.E.2d 76, 79 (Ct. App. 1996)
("A motion for a directed verdict made at the close of the [State's] case is not
sufficient to preserve error unless renewed at the close of all the evidence, because
once the defense has come forward with its proof, the propriety of a directed
verdict can only be tested in terms of all the evidence." (quoting Kimbrough v.
Commonwealth, 550 S.W.2d 525, 529 (Ky. 1977))); State v. Bailey, 368 S.C. 39,
43 n.4, 626 S.E.2d 898, 900 n.4 (Ct. App. 2006) ("If a defendant presents evidence
after the denial of his directed verdict motion at the close of the State's case, he
must make another directed verdict motion at the close of all evidence in order to
appeal the sufficiency of the evidence.").
AFFIRMED. 1
WILLIAMS and KONDUROS, JJ., and LEE, A.J., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.