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STATE v. BREECH

23662

308 S.C. 356 (1992)

417 S.E.2d 873

The STATE, Respondent v. David P. BREECH, Appellant.

Supreme Court of South Carolina.

Decided May 26, 1992.

Attorney(s) appearing for the Case

Robert T. Williams, Sr. of Williams & Brink, Lexington, for appellant.

T. Travis Medlock, Atty. Gen., Harold M. Coombs, Jr., Norman Mark Rapoport, Asst. Attys. Gen., Columbia, and Donald V. Myers, Sol., 11th Circuit, Lexington, for respondent.

Heard May 4, 1992.

Decided May 26, 1992.

Per Curiam:

Appellant ("Breech") appeals his conviction and sentence for driving under the influence of alcohol ("DUI"), second offense. We reverse and remand for resentencing for DUI first offense.

Breech claims that the trial judge erred in refusing to grant a motion for directed verdict or in the alternative a new trial because the evidence was insufficient for the jury to find him guilty of...

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