Opinion
Appellate Case No. 2014-002715 Unpublished Opinion No. 2016-UP-489
11-23-2016
The State, Respondent, v. Johnny Jerome Boyd, Appellant.
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia; and Solicitor Donald V. Myers, of Lexington, all for Respondent.
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. Appeal From Saluda County
DeAndrea G. Benjamin, Circuit Court Judge
AFFIRMED
Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General John Benjamin Aplin, both of Columbia; and Solicitor Donald V. Myers, of Lexington, all for Respondent. PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Gilmore, 396 S.C. 72, 77, 719 S.E.2d 688, 690 (Ct. App. 2011) ("In criminal cases, we review the decisions of the trial court only for errors of law. Therefore, in the context of a trial court's decision not to charge a requested lesser-included offense, [this court] review[s] the trial court's decision de novo." (citation omitted)); State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) ("The law to be charged is determined by the evidence presented at trial."); id. ("[A] trial [court] does not err by refusing to charge a [lesser-included] offense where there is no evidence tending to show the defendant was guilty only of the lesser offense."); State v. Geiger, 370 S.C. 600, 607, 635 S.E.2d 669, 673 (Ct. App. 2006) ("To justify charging the lesser crime, the evidence presented must allow a rational inference the defendant was guilty only of the lesser offense."); id. ("The [trial] court looks to the totality of evidence in evaluating whether such an inference has been created."). AFFIRMED. HUFF and SHORT, JJ., and MOORE, A.J., concur.
We decide this case without oral argument pursuant to Rule 215, SCACR. --------