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Unpublished Opinion No. 2012-UP-109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.