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Supreme Court Seal
South Carolina
Judicial Department
2003-UP-133 - State v. Brown

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State,        Respondent,

v.

Roosevelt Brown,        Appellant.


Appeal From Lancaster County
Kenneth G. Goode, Circuit Court Judge


Unpublished Opinion No. 2003-UP-133
Submitted January 10, 2003 � Filed February 19, 2003


AFFIRMED


Assistant Appellate Defender Robert M. Pachak, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor John R. Justice, of Chester; for Respondent.


PER CURIAM:� Roosevelt Brown appeals his conviction for failure to stop for a blue light.� We affirm.

FACTS/PROCEDURAL HISTORY

On February 12, 2000, Officer Davis, a police officer for the city of Lancaster, observed a red Pontiac Grand-Am.� Davis saw a black male get into the driver�s seat of the Grand-Am and drive away.� Davis had previously been informed that a man named Roosevelt Brown was driving under suspension and was driving a red Pontiac.� Davis followed the red Pontiac, but never activated his blue lights and eventually lost sight of the vehicle.�

Davis radioed Officer Mullins, another police officer on duty, and gave a description of where he had last seen the Grand-Am.� Mullins testified at trial that he was familiar with Roosevelt Brown and knew him by sight.� After Davis radioed Mullins, Mullins observed the red Grand-Am stopped at an intersection.� He recognized the driver as Roosevelt Brown.� Mullins followed Brown for a short distance and called dispatch to verify Brown�s tag number.� Mullins activated his blue lights.� He testified that he was within a couple of car lengths of Brown�s car when he turned his lights on.� He never turned his siren on.�

Mullins testified that Brown accelerated a little after the blue lights were activated.� He also testified that Brown looked back in the mirror and that one of the passengers turned around.� Brown made several turns before eventually stopping in a church parking lot.� As soon as the car was stopped, Brown got out of the car and ran on foot.���

Brown was found guilty of failure to stop for a blue light by a Lancaster County jury.� He was sentenced to two years.� Brown appeals.

LAW/ANALYSIS

On appeal, Brown argues that the trial court erred in failing to grant a directed verdict in Brown�s favor.� This issue is not preserved for our review.

We have thoroughly reviewed the transcript contained in the record on appeal and are unable to find any indication that a motion for a directed verdict was made.� �The appellant is responsible for compiling an adequate record from which this [C]ourt can make an intelligent review.�� Goodson v. Am. Bankers Ins. Co. of Fla., 295 S.C. 400, 404, 368 S.E.2d 687, 690 (Ct. App. 1988).�

Brown�s brief states: �After the State rested, the trial court failed to grant a directed verdict to the charge of failing to stop for a blue light.�� We are unable to discern from the record if this motion was actually made and whether or not this motion was renewed at the end of Brown�s case.� �A motion for a directed verdict made at the close of the [state�s] case is not sufficient to preserve error unless renewed at the close of all the evidence, because once the defense has come forward with its proof, the propriety of a directed verdict can only be tested in terms of all the evidence.�� State v. Harry, 321 S.C. 273, 277, 468 S.E.2d 76, 79 (Ct. App. 1996).��

For the foregoing reasons, we hold that this issue is not preserved for our review and the decision of the trial court is

AFFIRMED.

HEARN, C.J., GOOLSBY, and SHULER, JJ., concur.