State v. Boyd ( 2016 )

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.
Johnny Jerome Boyd, Appellant.
Appellate Case No. 2014-002715
Appeal From Saluda County
DeAndrea G. Benjamin, Circuit Court Judge
Unpublished Opinion No. 2016-UP-489
Submitted November 1, 2016 – Filed November 23, 2016
AFFIRMED
Appellate Defender LaNelle Cantey DuRant, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General John Benjamin Aplin,
both of Columbia; and Solicitor Donald V. Myers, of
Lexington, all for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Gilmore, 396 S.C. 72, 77, 719 S.E.2d 688, 690 (Ct. App. 2011)
("In criminal cases, we review the decisions of the trial court only for errors of law.
Therefore, in the context of a trial court's decision not to charge a requested lesser-
included offense, [this court] review[s] the trial court's decision de novo." (citation
omitted)); State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) ("The law
to be charged is determined by the evidence presented at trial."); id. ("[A] trial
[court] does not err by refusing to charge a [lesser-included] offense where there is
no evidence tending to show the defendant was guilty only of the lesser offense.");
State v. Geiger, 370 S.C. 600, 607, 635 S.E.2d 669, 673 (Ct. App. 2006) ("To
justify charging the lesser crime, the evidence presented must allow a rational
inference the defendant was guilty only of the lesser offense."); id. ("The [trial]
court looks to the totality of evidence in evaluating whether such an inference has
been created.").
AFFIRMED.1
HUFF and SHORT, JJ., and MOORE, A.J., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.