State v. Bailey

The State, Respondent, v. Ernest Ray Bailey, Appellant.

Appellate Case No. 2017-001290

Unpublished Opinion No. 2019-UP-183

STATE OF SOUTH CAROLINA In The Court of Appeals

Submitted April 1, 2019

May 29, 2019

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.

Appeal From Colleton County

Perry M. Buckner, III, Circuit Court Judge

AFFIRMED

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Phillips, 416 S.C. 184, 192, 785 S.E.2d 448, 452 (2016) ("In reviewing a motion for directed verdict, the trial court is concerned with the

Page 2

existence of evidence, not with its weight."); State v. Weston, 367 S.C. 279, 292, 625 S.E.2d 641, 648 (2006) ("A defendant is entitled to a directed verdict when the [S]tate fails to produce evidence of the offense charged."); id. ("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."); id. at 292-93, 625 S.E.2d at 648 ("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."); S.C. Code Ann. § 63-5-70(A)(1) (2010) ("It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in section 63-7-20 to: place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety."); S.C. Code Ann. § 63-7-20(18) (Supp. 2018) ("'Person responsible for a child's welfare' includes . . . an adult who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter or a person who has only incidental contact but may not be a caretaker, has not assumed the role or responsibility of a parent or guardian."); State v. Williams, 405 S.C. 263, 279-80, 747 S.E.2d 194, 203 (Ct. App. 2013) (holding "[defendant's] involvement in Victim's life was some evidence that he ha[d] assumed the role of a parent"); State v. Palmer, 413 S.C. 410, 421, 776 S.E.2d...