State v. Rios ( 2015 )

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.
Gabriel Jon Rios, Appellant.
Appellate Case No. 2013-000493
Appeal From Spartanburg County
R. Lawton McIntosh, Circuit Court Judge
Unpublished Opinion No. 2015-UP-135
Submitted February 1, 2015 – Filed March 11, 2015
AFFIRMED
Appellate Defender Kathrine Haggard Hudgins, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Attorney General David A. Spencer, both of
Columbia; and Jenny Draffin Smith, of Florence, for
Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Hill, 315 S.C. 260, 262, 433 S.E.2d 848, 849 (1993) ("The law
to be charged to the jury is determined by the evidence presented at trial."); State v.
Robbins, 275 S.C. 373, 375, 271 S.E.2d 319, 320 (1980) (stating a charge on the
defense of alibi "should be given when the accused submits that he could not have
performed the criminal act because he was in another place at the time of its
commission"); id. ("To be successful, [a defendant's] alibi must cover the entire
time when his presence was required for accomplishment of the crime. To
establish an alibi, the accused must show that he was at another specified place at
the time the crime was committed, thus making it impossible for him to have been
at the scene of the crime."); id. ("[Because] an alibi derives its potency as a defense
from the fact that it involves the physical impossibility of the accused's guilt, a
purported alibi which leaves it possible for the accused to be the guilty person is no
alibi at all."); Roseboro v. State, 317 S.C. 292, 294, 454 S.E.2d 312, 313 (1995)
("An alibi charge places no burden on a criminal defendant but emphasizes that it
is the State's burden to prove the defendant was present and participated in the
crime."); State v. Bealin, 201 S.C. 490, 507, 23 S.E.2d 746, 754 (1943) (stating an
alibi is "merely a means of disproving the charge—not an affirmative defense, but
a negation of the State's case" (internal quotation marks omitted)); id. ("[A]lthough
[a] defendant, where the case is otherwise made out against him, is bound to offer
some evidence in support of his alibi, the [S]tate in all cases where his presence at
the time and place of the crime is necessary to render him responsible, must prove
that he was there, as a part of the case; and if from all the evidence there exists a
reasonable doubt of his presence, he should be acquitted.").
AFFIRMED.1
THOMAS, KONDUROS, and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.