State v. Taylor

Summary

The South Carolina Supreme Court reviewed the reinstatement of Linda Taylor’s convictions for issuing fictitious driver’s licenses. The court held that the State’s failure to object below waived the procedural argument concerning use of a verdict in arrest of judgment, but affirmed the reversal because the evidence was sufficient to support the convictions. The court construed the statute to include knowingly processing fictitious licenses issued through the DMV.

Holdings

1. Because the State did not argue in the trial court that a verdict in arrest of judgment was procedurally improper on insufficiency-of-the-evidence grounds, that procedural issue was not preserved for appeal.
2. A DMV employee who processes and physically issues a driver's license may violate section 56-1-515(1), even though the license is issued under the authority of the DMV.
3. Section 56-1-515(1) requires that the defendant knowingly issue a fictitious driver's license; a DMV employee who processes a license based on information she knew or should have known was fictitious may be guilty under the statute.
4. The evidence was sufficient to submit the charges to the jury and support Taylor's convictions for issuing fictitious driver's licenses.

Questions Presented

1. Whether the trial court properly granted a verdict in arrest of judgment based on the insufficiency of the evidence.
2. Whether a DMV employee can unlawfully issue a fictitious driver's license under S.C. Code section 56-1-515(1) when the license is issued under the DMV's authority.
3. Whether the evidence was sufficient to support Taylor's convictions.

Disposition

affirmed