State v. Garrett

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.

Doyle Marion Garrett, Appellant.

Appeal from Greenville County

 Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2012-UP-330    

Submitted May 1, 2012 – Filed May 30,2012

AFFIRMED

Appellate Defender Kathrine H. Hudgins, of
Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley
W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia;
and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.

PER CURIAM:  Doyle Marion Garrett appeals his conviction
of assault and battery of a high and aggravated nature, arguing the circuit
court erred in failing to charge the lesser included offense of simple assault. 
We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authority: State v. White, 361 S.C. 407, 412, 605 S.E.2d
540, 542 (2004) (noting that a [circuit] court
properly "refus[es] to charge a lesser included offense where there is no
evidence tending to show the defendant was guilty only of the lesser offense"). 

AFFIRMED.

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

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