State v. Lee

• Court: Court of Appeals of South Carolina
• Decided: April 16, 2014
• Docket: 2014-UP-169
• Status: Unpublished

Opinion

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.

Robert Lee, Jr., Appellant.

Appellate Case No. 2011-205428

Appeal From Spartanburg County J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2014-UP-169 Submitted January 1, 2014 – Filed April 16, 2014

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia; and Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Light, 378 S.C. 641, 649, 664 S.E.2d 465, 469 (2008) ("A self- defense charge is not required unless it is supported by the evidence."); id. at 650, 664 S.E.2d at 469 ("If there is any evidence in the record from which it could reasonably be inferred that the defendant acted in self-defense, the defendant is entitled to instructions on the defense . . . ."); State v. Brown, 321 S.C. 184, 188, 467 S.E.2d 922, 924 (1996) ("[W]here the attacker is [at home], a lawful guest has a duty to retreat before a claim of self-defense will stand."); State v. Hendrix, 270 S.C. 653, 661, 244 S.E.2d 503, 507 (1978) ("[O]ne is not justified in . . . employing a deadly weapon after the [attacker] has been disarmed . . . .").

AFFIRMED.1

FEW, C.J., and PIEPER and KONDUROS, JJ., concur.

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