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2011-UP-287 - State v. Jones

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.

Donald Scott Jones, Appellant.


Appeal From Cherokee County
J. Mark Hayes, II, Circuit Court Judge


Unpublished Opinion No. 2011-UP-287  
Submitted June 1, 2011 – Filed June 13, 2011


AFFIRMED


Appellate Defender Robert M. Pachak, of Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Salley W. Elliot, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Barry Barnette, of Spartanburg, for Respondent.

PER CURIAM: Donald Scott Jones appeals his conviction of assault and battery with intent to kill.  He argues the trial court erred in denying his motion for a jury charge regarding the defense of others because the record contained evidence he feared the victim of his assault was attacking a friend.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Douglas v. State, 332 S.C. 67, 73, 504 S.E.2d 307, 310 (1998) ("The law to be charged is determined from the evidence presented at trial.") (citation omitted); State v. Starnes, 340 S.C. 312, 322-23, 531 S.E.2d 907, 913 (2000) (stating that to be entitled to a charge on the defense of others, the record must contain evidence (1) "the defendant was indeed lawfully defending" a "friend, relative, or bystander" and (2) "that friend, relative, or bystander would likewise have the right to take the life of the assailant in self-defense") (citations and internal quotation marks omitted) (emphasis added).

AFFIRMED.

HUFF, WILLIAMS, and THOMAS, JJ., concur.


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