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State v. McCombs

Court of Appeals of South Carolina

August 20, 2014

The State, Appellant,
v.
Wayne McCombs, Respondent Appellate Case No. 2012-209947

VACATED on order on 04/22/2015

Heard: February 4, 2014.

Page 745

Appeal From Dorchester County. Kristi Lea Harrington, Circuit Court Judge.

Attorney General Alan Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia; Solicitor David Michael Pascoe, Jr., of Orangeburg; and Assistant Solicitor Russell D. Hilton, of Ridgeville, for Appellant.

Andrew John Savage, III, and Jonathan Scott Bischoff, II, both of Savage Law Firm, of Charleston, for Respondent.

WILLIAMS, J. KONDUROS, and LOCKEMY JJ., concur.

OPINION

Page 746

[410 S.C. 94] WILLIAMS, J.:

In this criminal appeal, the State argues the circuit court erred in finding evidence of Wayne McCombs' prior bad act was not admissible in his trial for committing a lewd act on a minor. We reverse and remand.

FACTS/PROCEDURAL BACKGROUND

McCombs was indicted for committing a lewd act on a minor. The case was called for trial on March 5, 2012. During a pretrial hearing to address the State's motion in limine to admit evidence of a prior bad act, the State presented testimony from a prior victim (" Jessica" ), the detective who investigated the prior bad act, and the victim whom McCombs was on trial for molesting (" Victim" ).

Jessica was the first witness called to testify at the pre-trial hearing. She testified that in 2001, when she was eleven years old, she went with her friend Joshua, McCombs' ...


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