State v. Lee ( 2014 )


Menu:
  • 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.
    Robert Lee, Jr., Appellant.
    Appellate Case No. 2011-205428
    Appeal From Spartanburg County
    J. Derham Cole, Circuit Court Judge
    Unpublished Opinion No. 2014-UP-169
    Submitted January 1, 2014 – Filed April 16, 2014
    AFFIRMED
    Deputy Chief Appellate Defender Wanda H. Carter, of
    Columbia, for Appellant.
    Attorney General Alan McCrory Wilson, Chief Deputy
    Attorney General John W. McIntosh, Senior Assistant
    Deputy Attorney General Donald J. Zelenka, and
    Assistant Attorney General J. Anthony Mabry, all of
    Columbia; and Solicitor Barry Joe Barnette, of
    Spartanburg, for Respondent.
    PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
    authorities: State v. Light, 
    378 S.C. 641
    , 649, 
    664 S.E.2d 465
    , 469 (2008) ("A self-
    defense charge is not required unless it is supported by the evidence."); 
    id. at 650
    ,
    664 S.E.2d at 469 ("If there is any evidence in the record from which it could
    reasonably be inferred that the defendant acted in self-defense, the defendant is
    entitled to instructions on the defense . . . ."); State v. Brown, 
    321 S.C. 184
    , 188,
    
    467 S.E.2d 922
    , 924 (1996) ("[W]here the attacker is [at home], a lawful guest has
    a duty to retreat before a claim of self-defense will stand."); State v. Hendrix, 
    270 S.C. 653
    , 661, 
    244 S.E.2d 503
    , 507 (1978) ("[O]ne is not justified in . . . employing
    a deadly weapon after the [attacker] has been disarmed . . . .").
    AFFIRMED.1
    FEW, C.J., and PIEPER and KONDUROS, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2014-UP-169

Filed Date: 4/16/2014

Precedential Status: Non-Precedential

Modified Date: 10/22/2024