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2010-UP-420 - State v. Folkes

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.

Clinton C. Folkes, Appellant.


Appeal From Richland County
 James R. Barber, III, Circuit Court Judge


Unpublished Opinion No. 2010-UP-420
Submitted August 2, 2010 – Filed September 24, 2010   


AFFIRMED


Appellate Defender M. Celia Robinson, 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 Julie M. Thames, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

PER CURIAM: Clinton C. Folkes was convicted of assault and battery with intent to kill and was sentenced to life imprisonment without the possibility of parole.  On appeal, Folkes argues the trial court erred in failing to charge the jury the absence of malice is not an element of assault and battery of a high and aggravated nature (ABHAN).  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Tyler, 348 S.C. 526, 530-31, 560 S.E.2d 888, 890 (2002) ("[T]he absence of malice is not a required element of the offense of ABHAN."); State v. Curry, 370 S.C. 674, 682, 636 S.E.2d 649, 653 (Ct. App. 2006) ("A charge is sufficient if, when considered as a whole, it covers the law applicable to the case.  The substance of the law is what must be charged to the jury, not any particular verbiage.") (internal quotation marks and citation omitted).

AFFIRMED.

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


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