State v. Rivers ( 2014 )


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  • 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.
    Maurio Daetrel Rivers, Appellant.
    Appellate Case No. 2012-213729
    Appeal From Colleton County
    Diane Schafer Goodstein, Circuit Court Judge
    Unpublished Opinion No. 2014-UP-441
    Heard November 5, 2014 – Filed December 3, 2014
    AFFIRMED
    Appellate Defender Carmen Vaughn Ganjehsani, of
    Columbia, for Appellant.
    Attorney General Alan McCrory Wilson and Assistant
    Attorney General Mary Shannon Williams, both of
    Columbia, for Respondent.
    PER CURIAM: Maurio Rivers appeals his conviction for attempted murder,
    arguing the trial court erred in denying his motion for a directed verdict and not
    instructing the jury as to the required specific intent to kill for an attempted murder
    conviction. We affirm pursuant to Rule 220(b), SCACR, and the following
    authorities: State v. Baccus, 
    367 S.C. 41
    , 48, 
    625 S.E.2d 216
    , 220 (2006) ("In
    criminal cases, the appellate court sits to review errors of law only."); State v.
    Odems, 
    395 S.C. 582
    , 586, 
    720 S.E.2d 48
    , 50 (2011) ("On appeal from the denial
    of a directed verdict, [the appellate court] must view the evidence in the light most
    favorable to the State."); 
    id.
     ("[I]f there is any direct or substantial circumstantial
    evidence reasonably tending to prove the guilt of the accused, an appellate court
    must find the case was properly submitted to the jury.") (emphasis in original);
    Clark v. Cantrell, 
    339 S.C. 369
    , 389, 
    529 S.E.2d 528
    , 539 (2000) ("An appellate
    court will not reverse the trial court's decision regarding jury instructions unless the
    trial court abused its discretion."); 
    id.
     ("An abuse of discretion occurs when the
    trial court's ruling is based on an error of law or, when grounded in factual
    conclusions, is without evidentiary support."); Sheppard v. State, 
    357 S.C. 646
    ,
    665, 
    594 S.E.2d 462
    , 472-73 (2004) (holding "the trial court is required to charge
    only the current and correct law of South Carolina" and stating "[a] jury charge is
    correct if it contains the correct definition of the law when read as a whole").
    AFFIRMED.
    FEW, C.J., and LOCKEMY, J., and CURETON, A.J., concur.
    

Document Info

Docket Number: 2014-UP-441

Filed Date: 12/3/2014

Precedential Status: Non-Precedential

Modified Date: 10/22/2024