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STATE v. EVANS

No. 4332.

376 S.C. 421 (2008)

656 S.E.2d 782

The STATE, Respondent, v. Legaree Leavy EVANS, Appellant.

Court of Appeals of South Carolina.

Decided January 16, 2008.

Attorney(s) appearing for the Case

Appellate Defender Kathrine H. Hudgins, of the South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

HUFF, J.

Appellant, Legaree Leavy Evans, was indicted for and convicted of burglary in the first degree and possession of burglary tools. He appeals, asserting the trial judge erred in denying his motion for directed verdict on the first-degree burglary charge because the building in question did not qualify as a dwelling. We affirm.1

FACTUAL/PROCEDURAL BACKGROUND

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