Opinion
Unpublished Opinion No. 2011-UP-469
10-24-2011
The State, Respondent, v. Leroy Leek, Appellant.
Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Barry Barnette, of Spartanburg, 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 Spartanburg County
E. C. Burnett, III, Circuit Court Judge
AFFIRMED
Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Barry Barnette, of Spartanburg, for Respondent.
PER CURIAM : Leroy Leek appeals his conviction for voluntary manslaughter, arguing the circuit court erred in failing to instruct the jury that he had no duty to retreat prior to his defense of a third party. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Sales, 285 S.C. 113, 114, 328 S.E.2d 619, 620 (1985) (holding that appellant was prejudiced when the circuit court, after instructing the jury on the duty to retreat before defending another, failed to instruct the jury on an immunity to the duty that was applicable to the facts presented); State v. Lee-Grigg, 374 S.C. 388, 415, 649 S.E.2d 41, 55 (Ct. App. 2007) ("To warrant reversal based on the [circuit] court's failure to give a requested jury instruction, the failure must be both erroneous and prejudicial." (citations omitted)).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
HUFF, WILLIAMS, and THOMAS, JJ., concur.