State v. Russell Sims

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.

Russell Lee
Sims, Appellant.

Appeal From Spartanburg County

 J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2010-UP-080

Submitted January 4, 2010 – Filed February
2, 2010

Withdrawn, Substituted, and Refiled March
18, 2010   

AFFIRMED

Senior Appellate Defender Joseph L. Savitz, III, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelanka,
and Assistant Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor
Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Russell Lee Sims appeals
his convictions for murder, possession of a firearm during the commission of a
violent crime, first degree burglary, two counts of assault and battery of a
high and aggravated nature, armed robbery, attempted armed robbery, and four
counts of pointing and presenting a firearm at a person.  We
affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authorities:  State v.
Cottrell, 376 S.C. 260, 262, 657
S.E.2d 451, 452 (2008) (stating the evidence must be viewed in the light most
favorable to the defendant, and the instruction need not be given when no
evidence supports the lesser included offense); State v. Walker, 324
S.C. 257, 260, 478 S.E.2d 280, 281 (1996) (indicating that to warrant a jury
instruction on voluntary manslaughter, in addition to legal provocation,
evidence must also demonstrate the defendant was overcome by a sudden heat of
passion that would render a reasonable person incapable of cool reflection and
produce an uncontrollable impulse to do violence).

AFFIRMED.

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

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