State v. Moore

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.
Toby Eugene Moore, Appellant.
Appellate Case No. 2012-211107
Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge
Unpublished Opinion No. 2014-UP-025
Submitted October 1, 2013 – Filed January 22, 2014
AFFIRMED
John Terrence Mobley, of The Mobley Law Firm, P.A.,
of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Jennifer Ellis Roberts, both of
Columbia, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006)
("If there is any direct evidence or any substantial circumstantial evidence
reasonably tending to prove the guilt of the accused, [the appellate court] must find
the case was properly submitted to the jury."); id. at 292, 625 S.E.2d at 648("When reviewing a denial of a directed verdict, [an appellate court] views the
evidence and all reasonable inferences in the light most favorable to the [S]tate.");
State v. Mollison, 319 S.C. 41, 45, 459 S.E.2d 88, 91 (Ct. App. 1995)
("Constructive possession occurs when the person charged with possession has
dominion and control over either the drugs or the premises upon which the drugs
were found."); State v. Hudson, 277 S.C. 200, 203, 284 S.E.2d 773, 775 (1981)
("Where contraband materials are found on premises under the control of the
accused, this fact in and of itself gives rise to an inference of knowledge and
possession which may be sufficient to carry the case to the jury.").
AFFIRMED.1
FEW, C.J., and PIEPER and KONDUROS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.