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2010-UP-441 - State v. Polk

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.,

Ladrequz Polk, Appellant.


Appeal From Greenville County
C. Victor Pyle, Jr., Circuit Court Judge


Unpublished Opinion No. 2010-UP-441
Submitted October 1, 2010 – Filed October 13, 2010


AFFIRMED


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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Combs, Jr., of Columbia; of Greenville, for Respondent.

PER CURIAM:  Ladrequz Polk appeals his conviction and sentences for possession of marijuana with intent to distribute (PWID) and PWID within half a mile of a school, arguing the circuit court erred in refusing to charge the jury on the lesser included offense of simple possession.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v. Wilson, 345 S.C. 1, 5-6, 545 S.E.2d 827, 829 (2001) (holding in criminal cases, the appellate court sits to review errors of law only and is bound by the factual findings of the circuit court unless clearly erroneous);  State v. Brown, 362 S.C. 258, 262, 607 S.E.2d 93, 95 (Ct. App. 2004) (stating the circuit court should grant a request to charge the jury in accordance with South Carolina law when evidence presented at trial supports the requested charge but preventing an appellate court from reversing based upon a refused jury charge unless the complaining party proves the refusal was erroneous and caused him to suffer prejudice). 

AFFIRMED.

HUFF and GEATHERS, JJ., and CURETON, A.J., concur. 


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