State v. Campbell

CourtListener 10154629ScctappApr 18, 2012

Full text

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.

Jonathan
Millard Campbell, Appellant.

Appeal From Greenville County

Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2012-UP-236 

Submitted April 2, 2012 – April 18, 2012

AFFIRMED

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

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J.
Zelenka, and Assistant Attorney General Alphonso Simon Jr., all of Columbia; and
Solicitor W. Walter Wilkins III, of Greenville, for Respondent.

PER CURIAM: Jonathan M. Campbell appeals his
conviction of murder, arguing the trial court erred in refusing to instruct the
jury on accessory after the fact of murder.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authority: State v.
Benton, 338 S.C. 151, 156-57, 526 S.E.2d 228, 231 (2000) (holding that an appellant
cannot argue one ground in support of a jury charge at trial and another ground
in support of the charge on appeal).[2]

AFFIRMED.

PIEPER, KONDUROS, and
GEATHERS, JJ., concur.

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

[2] Alternatively,
even if we were to find the issue on appeal preserved for review, we would
affirm.  See State v. Dickerson, 395 S.C. 101, 121, 716 S.E.2d
895, 906 (2011) ("[A] defendant is not entitled to a charge on
lesser-related offenses.").

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