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2010-UP-363 - State v. Phillips

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.

Jeremy Richard Phillips, Appellant.


Appeal From Cherokee County
J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2010-UP-363
Submitted June 1, 2010 – Filed July 14, 2010


AFFIRMED


Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Jeremy Richard Phillips was convicted of murder and first-degree arson.  Phillips appeals his convictions, arguing the trial court erred in failing to instruct the jury on the lesser included offense of assault and battery of a high and aggravated nature.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) ("[A] trial judge 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.").  

AFFIRMED.

FEW, C.J., KONDUROS, and GEATHERS, JJ., concur.


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