State v. Harris
Decision Date | 19 August 2015 |
Docket Number | Appellate Case No. 2014–001236.,No. 27564.,27564. |
Citation | 413 S.C. 454,776 S.E.2d 365 |
Court | South Carolina Supreme Court |
Parties | The STATE, Respondent, v. Charles Monroe HARRIS, Petitioner. |
Chief Appellate Defender, Robert Michael Dudek, of Columbia, for petitioner.
Attorney General, Alan McCrory Wilson and Senior Assistant Deputy Attorney General, Deborah R.J. Shupe, both of Columbia, for respondent.
We granted certiorari to review the Court of Appeals' decision affirming the trial court's denial of petitioner's motion for a directed verdict on the charge of criminal solicitation of a minor. State v. Harris, Op. No.2014–UP–160, 2014 WL 2589759 (S.C.Ct.App. filed April 2, 2014). The issue in this case is whether the State presented sufficient evidence to withstand petitioner's directed verdict motion. We affirm.
At trial, the State presented evidence that over the course of two days, petitioner engaged in an online chatroom session with “Amy,” whom he believed to be a thirteen year-old girl. However, Amy was an online persona created by Officer Casey Bowling of the Oconee County Sheriff's Office, a member of the Internet Crimes Against Children task force.
The transcripts of the chatroom sessions reveal petitioner asked Amy if she wanted to have sex and that petitioner arranged for a time and place for them to meet. Officer Bowling testified that to his knowledge, petitioner never traveled to meet Amy. He also testified that while petitioner was in custody he gave a statement to the police wherein he admitted he made a mistake in asking Amy to have sex with him, but also that he was sorry and his intentions were “just to teach her a lesson.” Officer Bowling further testified petitioner told police he thought he was communicating with a thirteen year-old girl. Officer Bowling was the State's only witness at trial.
Petitioner's motion for a directed verdict was denied by the trial court. Petitioner was convicted of criminal solicitation of a minor.
On appeal, petitioner argued the trial court erred in denying his motion for a directed verdict. The Court of Appeals affirmed pursuant to Rule 220(b), SCACR.
Did the Court of Appeals err in affirming the trial court's denial of petitioner's directed verdict motion?
Petitioner argues the Court of Appeals erred in affirming the trial court's denial of his directed verdict motion. Specifically, petitioner argues something more is required beyond communication with a minor to complete the crime of criminal solicitation of a minor. We disagree.
“When reviewing a denial of a directed verdict, this Court views the evidence and all reasonable inferences in the light most favorable to the state.” State v. Weston, 367 S.C. 279, 292, 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 Court must find the case was properly submitted to the jury.” State v. Brandt, 393 S.C. 526, 542, 713 S.E.2d 591, 599 (2011).
S.C.Code Ann. § 16–15–342(A) (Supp.2014).
Petitioner argues something more than communication with the minor is required to complete the offense of criminal solicitation of a minor. We hold the offense is complete when the defendant knowingly contacts or communicates with the minor, or a person he believes to be a minor, with the intent to entice her to engage in sexual activity. See generally State v. Gaines, 380 S.C. 23, 667 S.E.2d 728 (2008) ( ). We agree with the Court of Appeals that the trial court properly denied petit...
To continue reading
Request your trial-
State v. Dinkins
...tending to prove the guilt of the accused, the Court must find the case was properly submitted to the jury." State v. Harris , 413 S.C. 454, 457, 776 S.E.2d 365, 366 (2015) (quoting State v. Brandt , 393 S.C. 526, 542, 713 S.E.2d 591, 599 (2011) )."The trial judge has considerable latitude ......
-
State v. Dinkins
... ... 460 (2014)). "If there is any direct evidence or any ... substantial circumstantial evidence reasonably tending to ... prove the guilt of the accused, the Court must find the case ... was properly submitted to the jury." State v ... Harris , 413 S.C. 454, 457, 776 S.E.2d 365, 366 (2015) ... (quoting State v. Brandt , 393 S.C. 526, 542, 713 ... S.E.2d 591, 599 (2011)) ... "The ... trial judge has considerable latitude in ruling on the ... admissibility of evidence and his decision should not be ... ...
-
State v. Cain
...tending to prove the guilt of the accused, the Court must find the case was properly submitted to the jury." State v. Harris , 413 S.C. 454, 457, 776 S.E.2d 365, 366 (2015) (quoting State v. Brandt, 393 S.C. 526, 542, 713 S.E.2d 591, 599 (2011) ). In this case, the State presented some evid......
-
State v. Davis
... ... (quoting Ornelas v ... United States , 517 U.S. 690, 696 (1996)). "Finely ... tuned standards such as proof beyond a reasonable doubt or by ... a preponderance of the evidence ... have no place in the ... [probable-cause] decision." Florida v. Harris , ... 568 U.S. 237, 243-44 (2013) (quoting Illinois v ... Gates , 462 U.S. 213, 235 (1983) (omission by court) ... (alteration by court)) ... Section ... 45-1-50(A)-(B) of the South Carolina Code (2017) codifies the ... offense commonly known ... ...