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2010-UP-383 - State v. Gibson

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.

Jacques Gibson, Appellant.


Appeal From Richland County
Steven H. John, Circuit Court Judge


Unpublished Opinion No.  2010-UP-383
Submitted May 3, 2010 – Filed August 10, 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 Alphonso Simon, Jr., and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM:  Jacques Gibson appeals his conviction for murder, arguing the circuit court erred in refusing to charge the jury with involuntary manslaughter.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities:  State v. Cole, 338 S.C. 97, 101, 525 S.E.2d 511, 512 (2000) ("The law to be charged must be determined from the evidence presented at trial."); Douglas v. State, 332 S.C. 67, 74, 504 S.E.2d 307, 310-11 (1998) (holding involuntary manslaughter is at its core an unintentional killing; thus, where a defendant intentionally arms himself and shoots into a crowd, he is not entitled to an involuntary manslaughter charge). 

AFFIRMED.

FEW, C.J., THOMAS and PIEPER, JJ., concur.


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