State v. Garrett

Full title: The State, Respondent, v. Doyle Marion Garrett, Appellant.

Court: THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: May 30, 2012

Unpublished Opinion No. 2012-UP-330 (S.C. Ct. App. May. 30, 2012)

Opinion

Unpublished Opinion No. 2012-UP-330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.

PER CURIAM

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 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 affirm¹ 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").

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

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.