State v. Andrews

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.

Demorris Octswavious Andrews, Appellant.

Appellate Case No. 2018-001395

Appeal From Greenwood County
Frank R. Addy, Jr., Circuit Court Judge

Unpublished Opinion No. 2021-UP-030
Submitted January 1, 2021 – Filed February 3, 2021

AFFIRMED

Appellate Defender Lara Mary Caudy, of Columbia, for
Appellant.

Attorney General Alan McCrory Wilson and Assistant
Attorney General Mark Reynolds Farthing, both of
Columbia; and Solicitor David Matthew Stumbo, of
Greenwood, all for Respondent.

PER CURIAM: Demorris Octswavious Andrews appeals his convictions and
concurrent sentences of thirty-five years for murder and thirty years for armed
robbery and a consecutive sentence of five years for possession of a weapon during
the commission of a violent crime. On appeal, he argues the trial court erred by
refusing to instruct the jury, "The testimony of an informer who provides evidence
in exchange for pay or for immunity from punishment or for personal advantage or
vindication must be examined and weighed by the jury with greater care than the
testimony of an ordinary witness." We affirm pursuant to Rule 220(b) of the South
Carolina Appellate Court Rules.

The trial court did not abuse its discretion in refusing to give the requested
instruction because the instructions as given correctly and adequately covered the
law. See Clark v. Cantrell, 339 S.C. 369, 389, 529 S.E.2d 528, 539 (2000) ("An
appellate court will not reverse the trial court's decision regarding jury instructions
unless the trial court abused its discretion."); id. ("An abuse of discretion occurs
when the trial court's ruling is based on an error of law or, when grounded in
factual conclusions, is without evidentiary support."); State v. Mattison, 388 S.C.
469, 478, 697 S.E2d 578, 583 (2010) ("A jury charge is correct if, when the charge
is read as a whole, it contains the correct definition and adequately covers the law."
(quoting State v. Adkins, 353 S.C. 312, 318, 577 S.E.2d 460, 464 (Ct. App.
2003))). While charging the jury, the trial court correctly reminded the jury of its
duty to discern witness credibility and instructed the jury to consider any potential
interest, prejudice, bias, or motive in evaluating a witness's credibility. See
S.C. Const. art. V, § 21 ("Judges shall not charge juries in respect to matters of
fact, but shall declare the law."); State v. Battle, 408 S.C. 109, 119, 757 S.E.2d
737, 742 (2014) ("The task of determining the weight of the evidence lies within
the exclusive province of the jury."); Pantovich v. State, 427 S.C. 555, 562, 832
S.E.2d 596, 600 (2019), reh'g denied (Sept. 27, 2019) (“The modern trend . . . has
cast doubt upon the validity of charges instructing juries on how to interpret and
use evidence.”); State v. Collins, 266 S.C. 566, 573, 225 S.E.2d 189, 193 (1976)
(holding the trial court properly refused to instruct the jury that the testimony of a
codefendant should be carefully scrutinized because the requested instruction
would "invade[] the province of the jury to draw interferences from the evidence").
Although Andrews cites to United States v. Luck,1 this case is distinguishable
because the informant in this case was not paid, he and another witness testified he
did not receive anything for his testimony, and aspects of his testimony were
corroborated by other witnesses.

1
611 F.3d 183 (2010) (holding defense counsel was deficient for failing to request
an "informant jury instruction" when (1) the witnesses were "classic" paid
informants who sought out authorities and offered to gather evidence in exchange
for financial compensation and a reduction in sentencing and (2) the other evidence
offered little to no corroboration of the informants' testimony).
AFFIRMED.2

THOMAS, HILL, and HEWITT, JJ., concur.

2
We decide this case without oral argument pursuant to Rule 215, SCACR.