Opinion
2012-UP-525
09-12-2012
The State, Respondent, v. Casey Ray Perkins, Appellant.
Chief Appellate Defender Robert M. Dudek, 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 Brendan J. McDonald, all of Columbia; and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.
UNPUBLISHED OPINION
Submitted August 1, 2012
Appeal From Chester County No. 2008-111746, Brooks P. Goldsmith, Circuit Court Judge.
Chief Appellate Defender Robert M. Dudek, 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 Brendan J. McDonald, all of Columbia; and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.
PER CURIAM.
Casey Ray Perkins appeals his conviction of murder, arguing the trial court erred in refusing to charge voluntary manslaughter. We affirm pursuant to Rule 220(b), SCACR, and the following authority: State v. Holland, 385 S.C. 159, 165, 682 S.E.2d 898, 901 (Ct. App. 2009) ("'The law to be charged must be determined from the evidence presented at trial.'" (quoting State v. Cole, 338 S.C. 97, 101, 525 S.E.2d 511, 512 (2000))); id. at 165-66, 682 S.E.2d at 901 ("In determining whether the evidence requires a charge of voluntary manslaughter, [the appellate court] views the facts in a light most favorable to the defendant."); id. at 166, 682 S.E.2d at 901 (stating the appellate court will not reverse the trial court's decision regarding jury charges but for the trial court's abuse of discretion); id. ("Voluntary manslaughter is the unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation. Heat of passion alone will not suffice to reduce murder to voluntary manslaughter." (citation and internal quotation marks omitted)); id. at 167, 682 S.E.2d at 902 ("'A victim's attempts to resist or defend himself from a crime cannot satisfy the sufficient legal provocation element of voluntary manslaughter.'" (quoting State v. Shuler, 344 S.C. 604, 632, 545 S.E.2d 805, 819 (2001))).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
SHORT, KONDUROS, and LOCKEMY, JJ., concur.