State v. Capers

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.

Lywone S. Capers, Appellant

Appellate Case No. 2014-001174

Appeal From Lexington County
Thomas A. Russo, Circuit Court Judge

Unpublished Opinion No. 2016-UP-118
Submitted February 1, 2016 – Filed March 2, 2016

AFFIRMED

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

Attorney General Alan McCrory Wilson and Senior
Assistant Deputy Attorney General David A. Spencer,
both of Columbia; and Solicitor Donald V. Myers, of
Lexington, for Respondent.

PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Nesbitt, 411 S.C. 194, 199, 768 S.E.2d 67, 70 (2015) ("In
criminal cases, the appellate court sits to review errors of law only." (quoting State
v. Jacobs, 393 S.C. 584, 586, 713 S.E.2d 621, 622 (2011))); State v. Adkins, 353
S.C. 312, 318, 577 S.E.2d 460, 463 (Ct. App. 2003) ("In reviewing jury charges for
error, we must consider the [trial] court's jury charge as a whole . . . ."); State v.
Rye, 375 S.C. 119, 123, 651 S.E.2d 321, 323 (2007) ("A trial court's decision
regarding jury charges will not be reversed where the charges, as a whole, properly
charged the law to be applied.").

AFFIRMED.1

SHORT, THOMAS, and KONDUROS, JJ., concur.

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