State v. Phillips

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.

Jeremy Richard Phillips, Appellant.

Appeal From Cherokee County

J. Derham Cole, Circuit Court Judge

Unpublished Opinion No. 2010-UP-363

Submitted June 1, 2010 – Filed July 14,
2010

AFFIRMED

Chief Appellate Defender Robert M. Dudek,
of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General
Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of
Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Jeremy
Richard Phillips was convicted of murder and first-degree arson.  Phillips
appeals his convictions, arguing the trial court erred in failing to instruct the
jury on the lesser included offense of assault and battery of a high and
aggravated nature.  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) ("[A] trial judge does not err by refusing to charge a lesser
included offense where there is no evidence tending to show the defendant was
guilty only of the lesser offense.").  

AFFIRMED.

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

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