State v. Perkins ( 2012 )

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.
THE STATE OF SOUTH CAROLINA
In The Court of Appeals
The State, Respondent,
v.
Casey Ray Perkins, Appellant.
Appellate Case No. 2008-111746
Appeal From Chester County
Brooks P. Goldsmith, Circuit Court Judge
Unpublished Opinion No. 2012-UP-525
Submitted August 1, 2012 – Filed September 12, 2012
AFFIRMED
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 affirm1 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))).
AFFIRMED.
SHORT, KONDUROS, and LOCKEMY, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.