State v. Padgett, No. 3608.

CourtCourt of Appeals of South Carolina
Writing for the CourtANDERSON, J.
Citation580 S.E.2d 159,354 S.C. 268
PartiesThe STATE, Respondent, v. Oscar Roy PADGETT, Appellant.
Decision Date10 March 2003
Docket NumberNo. 3608.

354 S.C. 268
580 S.E.2d 159

The STATE, Respondent,
v.
Oscar Roy PADGETT, Appellant

No. 3608.

Court of Appeals of South Carolina.

Heard February 11, 2003.

Decided March 10, 2003.

Rehearing Denied April 22, 2003.


354 S.C. 269
Senior Assistant Appellate Defender Wanda H. Haile, of Columbia, for Appellant

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

ANDERSON, J.:

Oscar Roy Padgett was convicted of failure to stop for a blue light. The trial court sentenced him to a three-year term of imprisonment. We affirm.

FACTS/PROCEDURAL BACKGROUND

On October 31, 2000 at approximately 8:30 p.m., Officer Gerard Grenier of the Ridge Spring Police Department observed a black Mustang parked at the gasoline pumps at Kent's Corner Gas Station on the corner of Highway 23 and Pecan Grove Road in Ridge Spring. Officer Grenier recognized the vehicle as the same one he had stopped two months

354 S.C. 270
earlier for a license tag violation. Padgett was driving the vehicle at the time of the prior stop and had explained to Officer Grenier that he had purchased it only a few days earlier

Officer Grenier testified that, on the night in question, he saw Padgett get into the vehicle and decided to follow Padgett to ascertain whether he had obtained proper tags for the car. As he "squared off" behind the Mustang on Highway 23, Officer Grenier noticed that no license tags were affixed to the vehicle and, therefore, activated his patrol car's blue lights. He stated the driver of the vehicle did not stop in response to the blue lights, but rather drove slowly for a time, turned onto Trojan Road, accelerated the vehicle, and crossed over Highway 1 into Aiken. According to Officer Grenier, he pursued Padgett with his siren and blue lights on for about threefourths of a mile outside of Ridge Spring, then terminated the pursuit. He returned to Kent's Corner and questioned the store manager regarding the identity of the person driving the black Mustang. The manager informed Officer Grenier that the driver was Oscar Padgett. Thereafter, Officer Grenier obtained a warrant for Padgett's arrest.

Officer Leroy Smith, who was on patrol with Grenier the night of the pursuit, verified Officer Grenier's account of the events. In particular, Officer Smith confirmed that Officer Grenier turned on the patrol car's blue lights before Padgett turned onto Trojan Road and, thus, before he left the Ridge Spring city limits.

At the close of the State's case, Padgett moved for a directed verdict of acquittal based generally on lack of sufficient evidence. The trial court denied the motion.

Padgett declared he was not in Ridge Spring on the night of October 31, 2000. He further asserted the transmission on his black Mustang was malfunctioning at the time and had been parked in his back yard.

At the close of evidence, Padgett renewed his motion for a directed verdict. The trial court again denied the motion. The jury returned a guilty verdict.

STANDARD OF REVIEW

On appeal from the denial of a directed verdict, an appellate court must view the evidence in the light most

354 S.C. 271
favorable to the State. State v. Walker, 349 S.C. 49, 562 S.E.2d 313 (2002); State v. Morgan, 352 S.C. 359, 574 S.E.2d 203 (Ct.App.2002). When ruling on a motion for a directed verdict, the trial court is concerned with the existence or nonexistence of evidence, not its weight. State v. Gaster, 349 S.C. 545, 564 S.E.2d 87 (2002); State v. McLauren, 349 S.C. 488, 563 S.E.2d 346 (Ct.App.2002). A defendant is entitled to a directed verdict when the State fails to produce evidence of the offense charged. State v. McKnight, 352 S.C. 635, 642, 576 S.E.2d 168 (2003); State v. McHoney, 344 S.C. 85, 544 S.E.2d 30 (2001). However, if there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, this Court must find the case was properly submitted to the jury. State v. Harris, 351 S.C. 643, 572 S.E.2d 267 (2002); State v. Condrey, 349 S.C. 184, 562 S.E.2d 320 (Ct.App.2002)

LAW/ANALYSIS

I. Jurisdiction of Law...

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16 practice notes
  • The State v. Taylor, No. 4687.
    • United States
    • Court of Appeals of South Carolina
    • May 13, 2010
    ...to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped.” State v. Padgett, 354 S.C. 268, 273, 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248, 525 S.E.2d at 539 (“The term ‘reasonable suspicion’ r......
  • State v. Lee-Grigg, No. 4237.
    • United States
    • Court of Appeals of South Carolina
    • April 16, 2007
    ...367 S.C. 279, 292, 625 S.E.2d 641, 648, (2006); State v. Stanley, 365 S.C. 24, 41-42, 615 S.E.2d 455, 464 (Ct.App.2005); State v. Padgett, 354 S.C. 268, 271, 580 S.E.2d 159, 161 (Ct.App.2003). A defendant is entitled to a directed verdict when the State fails to produce evidence of the offe......
  • State v. Brannon, No. 4428.
    • United States
    • Court of Appeals of South Carolina
    • July 18, 2008
    ...367 S.C. 279, 292, 625 S.E.2d 641, 648 (2006); State v. Stanley, 365 S.C. 24, 41-42, 615 S.E.2d 455, 464 (Ct.App.2005); State v. Padgett, 354 S.C. 268, 271, 580 S.E.2d 159, 161 (Ct.App.2003). A defendant is entitled to a directed verdict when the State fails to produce evidence of the offen......
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • May 18, 2007
    ...352 S.C. 635, 642, 576 S.E.2d 168, 171 (2003); State v. Rothschild, 351 S.C. 238, 243, 569 S.E.2d 346, 348 (2002); State v. Padgett, 354 S.C. 268, 580 S.E.2d 159 (Ct. App.2003); State v. Wilds, 355 S.C. 269, 274, 584 S.E.2d 138, 141 (Ct.App.2003). The trial court should grant a directed ver......
  • Request a trial to view additional results
16 cases
  • The State v. Taylor, No. 4687.
    • United States
    • Court of Appeals of South Carolina
    • May 13, 2010
    ...to effectuate a stop when there is some objective manifestation of criminal activity involving the person stopped.” State v. Padgett, 354 S.C. 268, 273, 580 S.E.2d 159, 162 (Ct.App.2003) (citations omitted); Blassingame, 338 S.C. at 248, 525 S.E.2d at 539 (“The term ‘reasonable suspicion’ r......
  • State v. Lee-Grigg, No. 4237.
    • United States
    • Court of Appeals of South Carolina
    • April 16, 2007
    ...367 S.C. 279, 292, 625 S.E.2d 641, 648, (2006); State v. Stanley, 365 S.C. 24, 41-42, 615 S.E.2d 455, 464 (Ct.App.2005); State v. Padgett, 354 S.C. 268, 271, 580 S.E.2d 159, 161 (Ct.App.2003). A defendant is entitled to a directed verdict when the State fails to produce evidence of the offe......
  • State v. Brannon, No. 4428.
    • United States
    • Court of Appeals of South Carolina
    • July 18, 2008
    ...367 S.C. 279, 292, 625 S.E.2d 641, 648 (2006); State v. Stanley, 365 S.C. 24, 41-42, 615 S.E.2d 455, 464 (Ct.App.2005); State v. Padgett, 354 S.C. 268, 271, 580 S.E.2d 159, 161 (Ct.App.2003). A defendant is entitled to a directed verdict when the State fails to produce evidence of the offen......
  • State v. Moore, No. 4247.
    • United States
    • Court of Appeals of South Carolina
    • May 18, 2007
    ...352 S.C. 635, 642, 576 S.E.2d 168, 171 (2003); State v. Rothschild, 351 S.C. 238, 243, 569 S.E.2d 346, 348 (2002); State v. Padgett, 354 S.C. 268, 580 S.E.2d 159 (Ct. App.2003); State v. Wilds, 355 S.C. 269, 274, 584 S.E.2d 138, 141 (Ct.App.2003). The trial court should grant a directed ver......
  • Request a trial to view additional results

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