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2012-UP-109 - State v. Burnette

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.

Raymond Burnette, Appellant.


Appeal From Allendale County
J. Ernest Kinard, Jr., Circuit Court Judge


Unpublished Opinion No. 2012-UP-109
Submitted February 1, 2012 – Filed February 22, 2012   


AFFIRMED


Appellate Defender Elizabeth A. Franklin-Best, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

PER CURIAM:  Raymond Burnette appeals his conviction for assault and battery with intent to kill, arguing the trial court erred by not charging the jury on assault and battery of a high and aggravated nature.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. Stone, 285 S.C. 386, 387, 330 S.E.2d 286, 287 (1985) ("[A] defendant's failure to object to the charge as made or to request an additional charge, when an opportunity has been afforded to do so, results in a waiver of his right to complain about the charge on appeal.").    

AFFIRMED.

FEW, C.J., HUFF and SHORT, J.J., concur.


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