State v. Leek

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.

Leroy Leek, Appellant.

Appeal From Spartanburg County

 E. C. Burnett, III, Circuit Court Judge

Unpublished Opinion No. 2011-UP-469

Submitted May 1, 2011 – Filed October 24,
2011   

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 Salley W.
Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of
Columbia; and Solicitor Barry Barnette, of Spartanburg, for Respondent.

PER CURIAM: Leroy Leek appeals his conviction for
voluntary manslaughter, arguing the circuit court erred in failing to instruct
the jury that he had no duty to retreat prior to his defense of a third party.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v.
Sales, 285 S.C. 113, 114, 328 S.E.2d 619, 620 (1985) (holding that
appellant was prejudiced when the circuit court, after instructing the jury
on the duty to retreat before defending another, failed to instruct the
jury on an immunity to the duty that was applicable to the facts presented); State
v. Lee-Grigg, 374 S.C. 388, 415, 649 S.E.2d 41, 55 (Ct. App. 2007) ("To warrant reversal based on the [circuit] court's failure
to give a requested jury instruction, the failure must be both erroneous and
prejudicial." (citations omitted)).

AFFIRMED.

HUFF, WILLIAMS, and
THOMAS, JJ., concur.

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