State v. Kyle M. Robinson

THE STATE OF SOUTH CAROLINA In The Court of Appeals The State, Respondent, v. Kyle Maurice Robinson, Appellant. Appellate Case No. 2019-001256 Appeal From York County William A. McKinnon, Circuit Court Judge Opinion No. 5930 Heard June 16, 2022 – Filed August 3, 2022 AFFIRMED Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Kevin Scott Brackett, of York, all for Respondent. WILLIAMS, C.J.: In this criminal appeal, Kyle Maurice Robinson argues the trial court erred in failing to grant his motion for a directed verdict. Specifically, Robinson argues that under subsection 16-3-600(C)(1)(a)(i) of the South Carolina Code (2015), the State failed to produce any evidence proving he injured a minor and therefore failed to prove an essential element of assault and battery in the first degree. We affirm. FACTS/PROCEDURAL HISTORY On July 27, 2017, a sixteen-year-old minor (Minor) was at home watching her younger sister while her mother and live-in grandparents were at work. In the late afternoon, Minor and her sister were playing cards when they noticed a car parked in front of their house. Minor went to the front door to see who was in the car. It was Robinson, and he exited the car and asked Minor if his daughter was there.1 Minor informed Robinson his daughter was not home, and Robinson asked if he could use Minor's bathroom. Minor agreed and claimed that when she pointed to the bathroom, Robinson requested she walk with him. When she escorted Robinson to the bathroom, he grabbed her by the shirt, pulled her into the bathroom, and backed her into a corner after she refused to enter the bathroom with him voluntarily. Minor testified that as Robinson backed her into the corner, he had his left hand around her neck to press her against the wall but he was not choking her. Minor admitted having Robinson's hand around her neck was uncomfortable but it was not squeezing her, just holding her in place. She stated he was groping her breasts with his free hand. After Minor yelled, "Get the f*** off of me," Robinson released her neck, began "tugging" at her shorts, and exclaimed "I have $60 if you let me do you." Minor testified that during the altercation, she noticed Robinson was sweating profusely and appeared to be intoxicated. Robinson ended the molestation when he heard Minor's younger sister walking down the hall. Minor's sister stated that she heard Minor exclaim "Stop, stop" from the bathroom. Robinson then ran out of the bathroom, exited the house, and drove off. Several minutes later, Minor's brother returned home, and the two of them called their mother after Minor told him what happened. Upon arrival, Minor's mother called the police, and they arrested Robinson within walking distance of Minor's home approximately half an hour later. Officer Jerry Sanders testified he observed and photographed Minor's neck at the scene. Officer Sanders …

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