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2007-UP-506 - State v. Rush

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

David Lewis Rush, Appellant.


Appeal From Horry County
 Paula H. Thomas, Circuit Court Judge


Unpublished Opinion No. 2007-UP-506
Submitted October 1, 2007 – Filed October 30, 2007   


AFFIRMED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

PER CURIAM:  David Lewis Rush appeals his conviction for assault and battery with intent to kill[1] arguing the trial court erred in failing to instruct the jury regarding self-defense.[2]  We affirm pursuant to Rule 220(c), SCACR, and the following authority: Jackson v. State, 355 S.C. 568, 570-71, 586 S.E.2d 562, 563 (2003) (holding a defendant is not entitled to a self-defense charge where the defendant is not without fault in bringing on the difficulty).

AFFIRMED.

STILWELL, SHORT, and WILLIAMS JJ., concur.


[1] Rush does not appeal his conviction for assault and battery of a high and aggravated nature.

[2] We decide this case without oral argument pursuant to Rule 215, SCACR.