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2010-UP-372 - State v. Fowler

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.

Zachary Marquis Fowler, Appellant.


Appeal From Greenville County
D. Garrison Hill, Circuit Court Judge


Unpublished Opinion No. 2010-UP-372
Submitted June 1, 2010 – Filed July 21, 2010   


AFFIRMED


Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, all of Columbia; and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

PER CURIAM:  Zachary Marquis Fowler was convicted of murder, armed robbery, assault and battery with the intent to kill (ABWIK), assault with the intent to kill, possession of a weapon during the commission of a violent crime, and unlawful possession of a firearm.  Fowler appeals only his murder conviction and corresponding life imprisonment sentence, arguing the trial court erred in refusing to instruct the jury on the law of voluntary manslaughter.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Cole, 338 S.C. 97, 101, 525 S.E.2d 511, 513 (2000) ("Voluntary manslaughter is the unlawful killing of a human being in sudden heat of passion upon sufficient legal provocation."); State v. Lowry, 315 S.C. 396, 399, 434 S.E.2d 272, 274 (1993) ("To warrant a court's eliminating the offense of manslaughter, it should very clearly appear that there is no evidence whatsoever tending to reduce the crime from murder to manslaughter."); see also S.C. Code Ann. § 16-3-50 (2003) (defining manslaughter as "the unlawful killing of another without malice, express or implied"); S.C. Code Ann. § 16-1-90 (Supp. 2009) (stating armed robbery and possession of a weapon during the commission of a violent crime are felonies); S.C. Code Ann. § 16-3-620 (2003) (classifying ABWIK as a felony); State v. Avery, 333 S.C. 284, 294, 509 S.E.2d 476, 481 (1999) (holding malice can be inferred if a person intentionally kills another during the commission of a felony).

AFFIRMED.

SHORT, KONDUROS, and GEATHERS, JJ., concur. 


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