Supreme Court of South Carolina
The State, Respondent v. Curtis J. Simms, Appellant
June 10, 2015412 S.C. 590
Summary
The South Carolina Supreme Court affirmed Curtis J. Simms' conviction for a high and aggravated breach of the peace and the ten‑year sentence, holding that the State presented sufficient evidence of aggravating circumstances to defeat the directed‑verdict motion, that the sentence fell within the discretionary limits of § 17‑25‑30, and that the exclusion of certain eyewitness testimony was harmless. The Court rejected the appellant's arguments that the offense did not exist and that the sentence exceeded statutory limits. Justice Pleicones dissented, arguing that no such criminal offense exists and that the conviction should be vacated.
Holding
- Whether the circuit court erred in refusing to grant a directed verdict of acquittal on the aggravated breach of the peace charge?. The circuit court did not err; the State presented sufficient evidence of aggravating circumstances to support the conviction, so the directed‑verdict motion was properly denied.
- Whether the trial court imposed an illegal sentence for the aggravated breach of the peace conviction?. The sentence was lawful; because the offense was tried in circuit court, § 22‑3‑560 does not limit the penalty, and the sentence conforms to the common‑usage standard of § 17‑25‑30.
- Whether the circuit court erred in refusing to admit certain eyewitness testimony?. The exclusion was upheld as harmless error; the testimony was irrelevant to Simms' guilt for the high‑and‑aggravated breach of the peace.
Docket Appellate Case 2013-001219; 27528
Cited authorities
- Rule 204(b)
- S.C. Code Ann. § 22-3-560
- S.C. Code Ann. § 22-5-150
- S.C. Code Ann. § 22-5-150
- S.C. Code Ann. § 22-3
- S.C. Code Ann. § 17-25-30
- S.C. Code Ann. § 14-1-50
- S.C. Code Ann. § 22-5-150