DocketNumber： 2003-UP-246
Filed Date： 4/2/2003
Status： Non-Precedential
Modified Date： 10/11/2024
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Appellant,
v.
Daniel Paul Hamilton, Respondent.
Appeal From Greenville County
Joseph J. Watson , Circuit Court Judge
Unpublished Opinion No. 2003-UP-246
Submitted January 29, 2003 - Filed April
2, 2003
REVERSED
Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman M. Rapoport, of Columbia; Solicitor Robert M. Ariail, of Greenville; for Appellant.
Michael Barcroft, of Greenville; for Respondent.
PER CURIAM: The State appeals the circuit courts decision to reverse a magistrates court conviction for reckless driving. The State argues that the circuit judge erred in reversing because sufficient evidence existed to support the conviction. We agree and reverse [1] pursuant to Rule 220, SCACR, and the following authorities: State v. Kelsey, 331 S.C. 50, 62, 502 S.E.2d 63, 69 (1998) (If there is any direct evidence or any substantial circumstantial evidence reasonably tending to establish the guilt of the accused, an appellate court must find that the case was properly submitted to the jury); State v. Huggins, 325 S.C. 103, 110, 481 S.E.2d 114, 118 (1997) (stating that evidence must be viewed in the light most favorable to the State when reviewing the denial of a motion for a directed verdict in a criminal case); State v. Gilliam, 270 S.C. 345, 242 S.E.2d 410 (1978) (holding circuit court erred in reversing criminal conviction in magistrates court where there was sufficient evidence to submit the case to the jury); State v. Henderson, 347 S.C. 455, 457, 556 S.E.2d 691, 692 (Ct. App. 2001) (stating that in criminal appeals from magistrate or municipal court, the circuit court does not conduct a de novo review, but instead reviews for preserved error raised to it by appropriate exception); State v. Head, 330 S.C. 79, 87, 498 S.E.2d 389, 393 (Ct. App. 1997) (same); S.C. Code Ann. § 18-3-70 (1986) (setting forth the appeals process for reckless driving); S.C. Code Ann. § 56-5-2920 (1991) (Any person who drives any vehicle in such a manner as to indicate either a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.).
REVERSED.
HEARN, C.J., GOOLSBY and SHULER, JJ., concur.
[1] We affirm this case without oral argument pursuant to Rule 215, SCACR.