State v. Dodd

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.
Antonio Lee Dodd, Appellant.
Appellate Case No. 2012-209187
Appeal From Greenville County
Edward W. Miller, Circuit Court Judge
Unpublished Opinion No. 2014-UP-151
Submitted February 1, 2014 – Filed April 2, 2014
AFFIRMED
Appellate Defender Carmen Vaughn Ganjehsani, of
Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant
Attorney General Christina J. Catoe, both of Columbia,
for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities:
1. As to whether the trial court erred in charging the jury on "the hand of one is the
hand of all" because the State failed to charge Dodd's alleged co-defendant: State
v. Massey, 267 S.C. 432, 229 S.E.2d 332, 339 (1976) (adopting the reasoning "[i]f
failure to apprehend the principal, his death or acquittal necessitates acquittal of the
accessory, then our statute is no improvement over the common law. . . .").
2. As to whether the trial court erred in charging the jury on "the hand of one is the
hand of all" because the State failed to present sufficient evidence to support such a
charge: State v. Mattison, 388 S.C. 469, 479, 697 S.E.2d 578, 584 (2010) ("An
appellate court will not reverse the trial [court's] decision regarding a jury charge
absent an abuse of discretion."); State v. Niles, 400 S.C. 527, 533, 735 S.E.2d 240,
243 (Ct. App. 2012) ("If any evidence supports a jury charge, the [trial] court
should grant the request."); State v. Grippon, 327 S.C. 79, 84, 489 S.E.2d 462, 464
(1997) (noting the law makes no distinction between the weight or value to be
given to direct or circumstantial evidence).
AFFIRMED.1
FEW, C.J., and SHORT and GEATHERS, JJ., concur.
1
We decide this case without oral argument pursuant to Rule 215, SCACR.