State v. Cooper

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.

Wayne Darnell Cooper, Appellant.

Appeal From Sumter County

 Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2011-UP-544

Submitted December 1, 2011 – Filed
December 6, 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 Assistant
Deputy Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor
Ernest A. Finney III, of Sumter, for Respondent.

PER CURIAM:  Wayne Darnell Cooper appeals his conviction for
murder, arguing the circuit court erred in refusing to instruct the jury on
self-defense.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v.
Wigington, 375 S.C. 25, 31, 649 S.E.2d 185, 188 (Ct. App. 2007) ("If
there is any evidence of record from which it can be reasonably inferred that
an accused justifiably inflicted a wound in self-defense, then the accused is
entitled to a charge on the law of self-defense."); State v. Bixby,
388 S.C. 528, 553-54, 698 S.E.2d 572, 585-86 (2010) (holding the fourth
element of self-defense is that "the defendant had no other probable means
of avoiding the danger of losing his own life or sustaining serious bodily
injury than to act as he did in this particular instance"); State v.
Lockamy, 369 S.C. 378, 383-84, 631 S.E.2d 555, 558 (Ct. App. 2006) (holding
that when an accused's testimony reveals that he "was no longer in danger
when he fired the [fatal] shot" then a charge of self-defense is not
warranted).

AFFIRMED.

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

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