State v. Gibson

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.

Jacques Gibson, Appellant.

Appeal From Richland County

Steven H. John, Circuit Court Judge

Unpublished Opinion No.  2010-UP-383

Submitted May 3, 2010 – Filed August 10,
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. Zelenka, Assistant
Attorney General Alphonso Simon, Jr., and Solicitor Warren Blair Giese, all of
Columbia, for Respondent.

PER CURIAM: 
Jacques Gibson appeals his conviction for
murder, arguing the circuit court erred in refusing to charge the jury with
involuntary manslaughter.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following
authorities:  State v. Cole, 338 S.C. 97, 101, 525 S.E.2d 511, 512
(2000) ("The law to be charged must be determined from the evidence
presented at trial."); Douglas v. State,
332 S.C. 67, 74, 504 S.E.2d 307, 310-11 (1998) (holding involuntary
manslaughter is at its core an unintentional killing; thus, where a defendant
intentionally arms himself and shoots into a crowd, he is not entitled to an
involuntary manslaughter charge). 

AFFIRMED.

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

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