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State v. Russell4/30/2001
Appeal From York County Alison Renee Lee, Circuit Court Judge
Heard April 4, 2001
AFFIRMED
Isaac Randall Russell appeals his conviction for Driving Under the Influence of alcohol (DUI) in violation of S.C. Code Ann. § 56-5-2930 (Supp. 2000), arguing the trial court erred in failing to direct a verdict of acquittal and in admitting his extra-judicial statements without sufficient corroboration. We affirm.
FACTS
On the night of December 12, 1998, Russell consumed alcoholic beverages while celebrating his birthday at a friend's house. Russell and two other people left the party in his car, although Russell claims he was riding in the back seat. Around 2:30 a.m. the following morning, Russell and his companions arrived at the home of a friend. They left after the friend's wife, Vicky Puckett, explained he was not at home.
The State presented evidence of the following additional facts: At approximately 7:15 a.m., Randy Dean Parker was driving to work and observed Russell's car in a ditch on the side of the road. Parker, who was a corrections officer, stopped to offer assistance. Russell jumped out of the back seat. Parker did not see anyone else at the scene. According to Parker, Russell at first told him he had been driving but later denied driving the vehicle.
State Trooper Oliver Millhouse arrived at the scene at 7:50 a.m. Russell responded to Trooper Millhouse's questions by again stating he had been driving the car at the time of the accident. Millhouse observed that Russell appeared to be drunk and placed him under arrest. Millhouse searched Russell and found the ignition key in Russell's jacket pocket. After being advised of his rights, Russell changed his story again, telling Millhouse he had not been driving the car.
Russell was given a Breathalyzer test by State Trooper Timothy Yarborough, and he registered a .25 percent blood alcohol level. Russell also made the same conflicting statements to Yarborough.
DISCUSSION
Russell first argues he was entitled to a directed verdict because the State failed to establish the corpus delicti of DUI independent of his statements to police.
The State argues this issue is not preserved because Russell failed to assert this as a ground for directed verdict at the close of the State's case. " ssues not raised to the trial court in support of the directed verdict motion are not preserved for appellate review." State v. Kennerly, 331 S.C. 442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998), aff'd on other grounds, 337 S.C. 617, 524 S.E.2d 839 (1999).
Although Russell did not use the exact words "corpus delicti" in his request for a directed verdict, it is clear from the argument presented in the record that the motion was made on this ground. The State, in opposing the motion, used the words "corpus delicti" and cited the relevant case law. Therefore, we find the argument was raised to the trial court and is preserved.
However, there is no merit to Russell's contention. "It is well-settled law that a conviction cannot be had on the extra-judicial confessions of a defendant unless they are corroborated by proof aliunde of the corpus delicti." State v. Osborne, 335 S.C. 172, 175, 516 S.E.2d 201, 202 (1999) (footnote omitted). The corroboration rule applies to statements whether those statements are confessions or admissions. Id. at 177-78, 516 S.E.2d at 203-04. " he corroboration rule is satisfied if the State provides sufficient independent evidence which serves to corroborate the defendant's extra-judicial statements and, together with such statements, permits a reasonable belief that the crime occurred."
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