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2012-UP-202 - State v. Robinson

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.

Joel Antawan Robinson, Appellant.


Appeal from Richland County
J. Michelle Childs, Circuit Court Judge


Unpublished Opinion No. 2012-UP-202
Submitted March1, 2012 – Filed March 21, 2012   


AFFIRMED


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

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Alphonso Simon, Jr., and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

PER CURIAM: Joel Antawan Robinson appeals his convictions for murder, assault and battery with intent to kill, and possession of a firearm during the commission of a violent crime, arguing the trial court erred in denying his request to charge voluntary manslaughter.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Pittman, 373 S.C. 527, 570, 647 S.E.2d 144, 166-67 (2007) (holding an appellate court will not reverse a trial court's decision on a jury charge absent an abuse of discretion); State v. Childers, 373 S.C. 367, 373, 645 S.E.2d 233, 236 (2007) ("Both heat of passion and sufficient legal provocation must be present at the time of the killing to constitute voluntary manslaughter."); State v. Ivey, 325 S.C. 137, 142, 481 S.E.2d 125, 127 (1997) ("The exercise of a legal right, no matter how offensive to another, is never in law deemed a provocation sufficient to justify or mitigate an act of violence.").  

AFFIRMED.

WILLIAMS, THOMAS, and LOCKEMY, JJ., concur.


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