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2012-UP-330 - State v. Garrett

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.

Doyle Marion Garrett, Appellant.


Appeal from Greenville County
 Edward W. Miller, Circuit Court Judge


Unpublished Opinion No. 2012-UP-330    
Submitted May 1, 2012 – Filed May 30,2012


AFFIRMED


Appellate Defender Kathrine H. Hudgins, of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.

PER CURIAM:  Doyle Marion Garrett appeals his conviction of assault and battery of a high and aggravated nature, arguing the circuit court erred in failing to charge the lesser included offense of simple assault.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v. White, 361 S.C. 407, 412, 605 S.E.2d 540, 542 (2004) (noting that a [circuit] court properly "refus[es] to charge a lesser included offense where there is no evidence tending to show the defendant was guilty only of the lesser offense"). 

AFFIRMED.

PIEPER, KONDUROS, and GEATHERS, JJ., concur.


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