740 S.E.2d 493
S.C.2013Background
- Appellant Lawrence Brown challenges two-grand-larceny convictions for theft of two vehicles; appellate court affirms.
- In April 2010 Brown dealt with Don’s Car Crushing to sell several vehicles, meeting at a salvage-yard-like location in Salters, SC.
- A Bill of Sale covered four vehicles; Don’s delivered only two (a 1989 Chevrolet Corsica and a 1987 Ford Taurus) with plans to retrieve the other two and possibly buy more.
- Lawrence Williams and his uncle Robert Williams discovered the missing Taurus and Corsica; police were notified and Brown was arrested after Cooper identified him.
- Indictment issued May 5, 2011; trial occurred in Brown’s absence; defense moved for directed verdict arguing value did not exceed $1,000; court denied.
- May 12, 2011: Brown was convicted on both counts and sentenced to five and three years’ imprisonment, respectively; convictions affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of the amendment to §16-13-30 | Brown argues amendment should apply retroactively. | State argues savings clause preserves pending prosecutions; no retroactive application. | Not retroactive; savings clause preserves liability and trial used old statute. |
| Directed verdict sufficient to negate value threshold | State failed to prove each vehicle exceeded $1,000 in value. | Owner testimony suffices to prove value; jurors weigh credibility; evidence exists. | Court properly denied directed verdict; evidence supported guilt. |
Key Cases Cited
- State v. Smith, 274 S.C. 622 (S.C. 1980) (owner's testimony can establish value of stolen property for grand larceny)
- State v. Waller, 280 S.C. 300 (S.C. 1984) (values from multiple owners may be aggregated to prove grand larceny)
- State v. Grant, 265 S.C. 28 (S.C. 1975) (jury weighs witness valuations; owner may testify to value)
- Seaboard Coast Line R.R. v. Harrelson, 262 S.C. 43 (S.C. 1974) (owner may estimate value; weight for jury)
- State v. Pinckney, 339 S.C. 346 (S.C. 2000) (directed-verdict standard; evidence sufficient to submit to jury)
- State v. Schrock, 283 S.C. 129 (S.C. 1984) (directed verdict, evidence standard)
- State v. Lollis, 343 S.C. 580 (S.C. 2001) (appellate review of directed verdict; light most favorable to State)
- State v. McHoney, 344 S.C. 85 (S.C. 2001) (evidence sufficiency for grand larceny)