Opinion
Appellate Case No. 2012-209187 Unpublished Opinion No. 2014-UP-151
04-02-2014
The State, Respondent, v. Antonio Lee Dodd, Appellant.
Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, 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 Greenville County
Edward W. Miller, Circuit Court Judge
AFFIRMED
Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether the trial court erred in charging the jury on "the hand of one is the hand of all" because the State failed to charge Dodd's alleged co-defendant: State v. Massey, 267 S.C. 432, 229 S.E.2d 332, 339 (1976) (adopting the reasoning "[i]f failure to apprehend the principal, his death or acquittal necessitates acquittal of the accessory, then our statute is no improvement over the common law. . . ."). 2. As to whether the trial court erred in charging the jury on "the hand of one is the hand of all" because the State failed to present sufficient evidence to support such a charge: State v. Mattison, 388 S.C. 469, 479, 697 S.E.2d 578, 584 (2010) ("An appellate court will not reverse the trial [court's] decision regarding a jury charge absent an abuse of discretion."); State v. Niles, 400 S.C. 527, 533, 735 S.E.2d 240, 243 (Ct. App. 2012) ("If any evidence supports a jury charge, the [trial] court should grant the request."); State v. Grippon, 327 S.C. 79, 84, 489 S.E.2d 462, 464 (1997) (noting the law makes no distinction between the weight or value to be given to direct or circumstantial evidence). AFFIRMED.
We decide this case without oral argument pursuant to Rule 215, SCACR.