THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Lillian Sims, Appellant.

Appeal From Anderson County
�Perry M. Buckner, Circuit Court Judge

Unpublished Opinion No. 2009-UP-191
Submitted April 1, 2009 � Filed May 5, 2009���

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Michelle J. Parsons, all of Columbia; and Solicitor Christina T. Adams, of Anderson, for Respondent.

PER CURIAM:� Lillian Sims appeals her conviction for homicide by child abuse, arguing the trial court erred by refusing to direct a verdict of acquittal.� We affirm pursuant to Rule 220(b), SCACR, and the following authority:� State v. Weston, 367 S.C. 279, 292-93, 625 S.E.2d 641, 648 (2006) (holding if there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, the appellate court must find the case was properly submitted to the jury).

AFFIRMED.[1]

SHORT, THOMAS, and GEATHERS, JJ., concur.

[1] We decide this case without oral argument pursuant to Rule 215, SCACR.