State v. Lee

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.

Robert Lee, Jr., Appellant.

Appellate Case No. 2011-205428

Appeal From Spartanburg County
J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2014-UP-169
Submitted January 1, 2014 – Filed April 16, 2014

AFFIRMED

Deputy Chief Appellate Defender Wanda H. Carter, of
Columbia, for Appellant.

Attorney General Alan McCrory Wilson, Chief Deputy
Attorney General John W. McIntosh, Senior Assistant
Deputy Attorney General Donald J. Zelenka, and
Assistant Attorney General J. Anthony Mabry, all of
Columbia; and Solicitor Barry Joe Barnette, of
Spartanburg, for Respondent.
PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following
authorities: State v. Light, 378 S.C. 641, 649, 664 S.E.2d 465, 469 (2008) ("A self-
defense charge is not required unless it is supported by the evidence."); id. at 650,
664 S.E.2d at 469 ("If there is any evidence in the record from which it could
reasonably be inferred that the defendant acted in self-defense, the defendant is
entitled to instructions on the defense . . . ."); State v. Brown, 321 S.C. 184, 188,
467 S.E.2d 922, 924 (1996) ("[W]here the attacker is [at home], a lawful guest has
a duty to retreat before a claim of self-defense will stand."); State v. Hendrix, 270
S.C. 653, 661, 244 S.E.2d 503, 507 (1978) ("[O]ne is not justified in . . . employing
a deadly weapon after the [attacker] has been disarmed . . . .").

AFFIRMED.1

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

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