State v. Travis J. Alston
CourtCourt of Appeals of South Carolina
Date FiledNovember 12, 2026
Docket2026-UP-480
StatusUnpublished
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Full Opinion
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Travis John Alston, Appellant.
Appellate Case No. 2025-000365
Appeal From Richland County
Jocelyn Newman, Circuit Court Judge
Unpublished Opinion No. 2026-UP-480
Submitted October 2, 2026 – Filed November 12, 2026
AFFIRMED
Appellate Defender Sarah Elizabeth Shipe, of Columbia,
for Appellant.
Attorney General Alan McCrory Wilson, Assistant
Attorney General Brian Hollis Gibbs, and Solicitor
Byron E. Gipson, all of Columbia, for Respondent.
PER CURIAM: Travis John Alston appeals his conviction for resisting arrest and
his sentence of one year in prison. On appeal, he argues the trial court erred when
it denied his directed verdict motion because the State failed to present evidence
that tended to prove that his underlying arrest—which was initiated under section
56-5-2540 of the South Carolina Code (2018)—was lawful. We affirm pursuant to
Rule 220(b), SCACR.
We hold the trial court properly denied Alston's directed verdict motion because,
when viewed in the light most favorable to the State, the State presented evidence
of all the necessary elements of section 16-9-320(A) of the South Carolina Code
(2015). See State v. Elders, 386 S.C. 474, 480, 688 S.E.2d 857, 860 (Ct. App.
2010) ("When reviewing the denial of a motion for a directed verdict, an appellate
court must employ the same standard as the trial court by viewing the evidence and
all reasonable inferences in the light most favorable to the nonmoving party.");
State v. Butler, 407 S.C. 376, 381, 755 S.E.2d 457, 460 (2014) ("On appeal from
the denial of a directed verdict, [an appellate court] views the evidence and all
reasonable inferences in the light most favorable to the State."). We find the
evidence presented at trial established that Alston (1) knowingly or willfully (2)
resisted (3) an arrest being made (4) by a person Alston knew or reasonably should
have known was a law enforcement officer. See State v. Rogers, 405 S.C. 554,
563, 748 S.E.2d 265, 270 (Ct. App. 2013) ("If there is any direct evidence, or if
there is substantial circumstantial evidence, that reasonably tends to prove the
defendant's guilt, we must find the trial court properly submitted the case to the
jury."); State v. Bennett, 415 S.C. 232, 237, 781 S.E.2d 352, 354 (2016) ("[T]he
court must concern itself solely with the existence or non-existence of evidence
from which a jury could reasonably infer guilt."); § 16-9-320(A) ("It is unlawful
for a person knowingly and wil[l]fully . . . to resist an arrest being made by one
whom the person knows or reasonably should know is a law enforcement officer,
whether under process or not.").
Regarding whether the law requires that the underlying arrest be lawful, we find
there is no such requirement. We find that the General Assembly removed any
requirement of a lawful arrest when it amended section 16-9-320 of the South
Carolina Code (2015) in 1990. 1 See Key Corp. Cap., Inc. v. County of Beaufort,
1
In 1980, when section 16-9-320 was added to Chapter 9 of Title 16 of the South
Carolina Code, it read:
Section 16-9-320. Any person who knowingly and
wil[l]fully:
(a) Opposes or resists any law enforcement officer in
serving, executing or attempting to serve or execute any
legal writ or process or who resists any lawful arrest,
373 S.C. 55, 60, 644 S.E.2d 675, 678 (2007) ("We have long acknowledged the
presumption that in adopting an amendment to a statute, the Legislature intended to
change the existing law."); id. at 61, 644 S.E.2d at 678 ("Because the amendment
materially changed the terminology of the statute, a departure from existing law
clearly was intended, rather than a clarification of original intent."); State v.
Whitner, 399 S.C. 547, 552, 732 S.E.2d 861, 864 (2012) ("Absent an ambiguity,
the court will look to the plain meaning of the words used to determine their
effect.").
Additionally, we hold the existence of a legal basis for Alston's underlying arrest
was irrelevant to a determination of whether the State had presented sufficient
evidence to meet the requirements of section 16-9-320(A). See State v. Brannon,
388 S.C. 498, 503, 697 S.E.2d 593, 596 (2010) ("There are multiple elements to
the crime of resisting arrest as codified in section 16-9-320(A)."); id. ("Under
section 16-9-320(A), the State must demonstrate that the accused knowingly and
willfully resisted an arrest being made."); id. at 504, 697 S.E.2d at 597 (finding
whether officers had probable cause to arrest the respondent was "immaterial to
[its] analysis"); id. ("Under the plain language of section 16-9-320(A), we are only
whether under process or not, shall be deemed guilty of a
misdemeanor . . . .
(b) Assaults, beats or wounds any law enforcement
officer engaged in serving, executing or attempting to
serve or execute any legal writ or process or who
assaults, beats or wounds such officer when such person
is resisting any lawful arrest, whether under process or
not, shall be guilty of a misdemeanor . . . .
1980 Act. No. 511.
In 1990, this statute was amended to change the phrase "lawful arrest" in both
paragraphs to "arrest." The amended version included in both paragraphs a
requirement that the arrest be "made by one whom the person knows or reasonably
should know is a law enforcement officer." 1990 Act. No. 598. In contrast,
section 16-3-625 of the South Carolina Code (2015), which concerns resisting
arrest with a deadly weapon and was also enacted in 1980, has retained the
requirement that a person charged with this offense must "resist[] the lawful efforts
of a law enforcement officer to arrest him or another person." (emphasis added).
focused on determining whether an arrest was being made at the time of [the
respondent's] flight.").
AFFIRMED.2
THOMAS, KONDUROS, and CURTIS, JJ., concur.
2
We decide this case without oral argument pursuant to Rule 215, SCACR.