Opinion
2012-UP-330
05-30-2012
The State, Respondent, v. Doyle Marion Garrett, Appellant.
Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.
UNPUBLISHED OPINION
Submitted May 1, 2012
Appeal from Greenville County Edward W. Miller, Circuit Court Judge
Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.
PER CURIAM
Doyle Marion Garrett appeals his conviction of assault and battery of a high and aggravated nature, arguing the circuit court erred in failing to charge the lesser included offense of simple assault. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) (noting that a [circuit] court properly "refus[es] to charge a lesser included offense where there is no evidence tending to show the defendant was guilty only of the lesser offense").
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
PIEPER, KONDUROS, and GEATHERS, JJ., concur.