State v. Henry

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.

Tarus Tremaine
Henry, Sr., Appellant.

Appeal From Florence County

Ralph King Anderson, Jr., Circuit Court
Judge

Unpublished Opinion No.  2011-UP-562

Heard November 3, 2011 – Filed December
13, 2011

AFFIRMED

Appellate Defender LaNelle Cantey DuRant,
of Columbia, for Appellant.

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, and Assistant Attorney General David Spencer; all of Columbia, and
E.L. Clements, III, of Florence, for Respondent.

PER CURIAM:  This appeal arises out of Appellant
Tarus Tremaine Henry, Sr.'s convictions for assault and battery with intent to
kill, second degree arson, and two counts of unlawful conduct towards a child. 
On appeal, Henry claims the trial court erred in:  (1) admitting into evidence
his statement to police and (2) refusing to charge the jury on the
lesser-included offenses of assault and battery of a high and aggravated nature
and attempt to burn.  We affirm pursuant to Rule 220(b), SCACR, and the
following authorities:  Berghuis v.
Thompkins, 130 S.Ct. 2250, 2263
(2010) (finding no evidence defendant's confession was coerced where there was
no claim that police threatened him, injured him, or that defendant was in any
way fearful, during a three-hour interrogation); State v. Goodwin, 384 S.C. 588, 601, 683 S.E.2d 500, 507 (Ct. App.
2009) ("The test of voluntariness is whether a defendant's will was
overborne by the circumstances surrounding the giving of a confession.")
(citing Dickerson v. U.S., 530 U.S. 428, 434 (2000)); State v. Gibson,
390 S.C. 347, 356, 701 S.E.2d 766, 770 (Ct. App. 2010) (finding it appropriate
to decline to charge a lesser-included offense where "it very clearly appears
that no evidence whatsoever exists tending to reduce the crime"); State v. Lindsey, 394 S.C. 354, 714 S.E.2d 554, 558 (Ct. App. 2011) (noting an argument
is deemed abandoned on appeal when it is conclusory and made without supporting
authority).

AFFIRMED.

HUFF, PIEPER, and LOCKEMY,
JJ., concur.