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2009-UP-138 - State v. Summers

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.

Wilbur Xavier Castro Summers, Appellant.


Appeal From Spartanburg County
 Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-138
Submitted March 2, 2009 – Filed March 10, 2009   


AFFIRMED


Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,

Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Wilbur Xavier Castro Summers appeals his conviction and sentence for trafficking in marijuana, arguing the trial court erred in instructing the jury on conspiracy because the evidence did not support a conspiracy charge.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Sheppard v. State, 357 S.C. 646, 665, 594 S.E.2d 462, 472-73 (2004) (holding a trial court is required to charge only the current and correct law of South Carolina); State v. Aleksey, 343 S.C. 20, 27, 538 S.E.2d 248, 251 (2000) (explaining jury instructions should be considered as a whole, and if as a whole they are free from error, any isolated portions which may be misleading do not constitute reversible error); State v. Brown, 362 S.C. 258, 262, 607 S.E.2d 93, 95 (Ct. App. 2004) (stating the law to be charged to the jury is determined by the evidence presented at trial, and if any evidence supports a jury charge, the trial court should grant the request). 

AFFIRMED.

SHORT, THOMAS, and GEATHERS, JJ., concur.


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