State v. Holder ( 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.
Bryan M. Holder, Appellant.
Appellate Case No. 2013-001145
Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge
Unpublished Opinion No. 2015-UP-273
Submitted March 1, 2015 – Filed June 3, 2015
AFFIRMED
Appellate Defender Kathrine Haggard Hudgins, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General Deborah R.J. Shupe,
both 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. Condrey, 349 S.C. 184, 194, 562 S.E.2d 320, 325 (Ct. App.
2002) ("The law to be charged is determined from the evidence presented at
trial."); id. ("A trial court has a duty to give a requested instruction that correctly
states the law applicable to the issues and which is supported by the evidence.");
State v. Ward, 374 S.C. 606, 614, 649 S.E.2d 145, 149 (Ct. App. 2007) ("If any
evidence supports a requested jury charge, the trial court should grant the
request."); State v. Reid, 408 S.C. 461, 472, 758 S.E.2d 904, 910 (2014) (stating
that under the "hand of one is the hand of all" theory of accomplice liability, "one
who joins with another to accomplish an illegal purpose is liable criminally for
everything done by his confederate incidental to the execution of the common
design and purpose"); State v. Gibson, 390 S.C. 347, 354, 701 S.E.2d 766, 770 (Ct.
App. 2010) ("In order to establish the parties agreed to achieve an illegal purpose,
thereby establishing presence by pre-arrangement, the State need not prove a
formal expressed agreement, but rather can prove the same by circumstantial
evidence and the conduct of the parties."); Barber v. State, 393 S.C. 232, 236, 712
S.E.2d 436, 439 (2011) ("Like a lesser-included offense, an alternate theory of
liability may only be charged when the evidence is equivocal on some integral fact
and the jury has been presented with evidence upon which it could rely to find the
existence or nonexistence of that fact."); id. (finding no error in the trial court's
decision to give the accomplice liability jury instruction because "the sum of the
evidence presented at trial, both by the State and defense, was equivocal as to who
was the shooter").
AFFIRMED.1
SHORT, LOCKEMY, and McDONALD, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.