State v. Sturgeon

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.

Brian Sturgeon, Appellant.

Appeal from Greenville County

Edward W. Miller, Circuit Court Judge

Unpublished Opinion No. 2011-UP-531

Submitted November 1, 2011 – Filed
December 2, 2011   

AFFIRMED

Chief Appellate Defender Robert M. Dudek
and Senior Appellate Defender Joseph L. Savitz, III, both 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 Mark R. Farthing, all of Columbia; and
Solicitor W. Walter Wilkins, III, of Greenville, for Respondent.

PER CURIAM:  Brian
Sturgeon appeals his conviction for voluntary manslaughter, arguing the circuit
court erred in refusing to instruct the jury on involuntary manslaughter.  We
affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  State v.
Staten, 364 S.C. 7, 41, 610 S.E.2d 823, 841 (Ct. App. 2005) (holding an
issue relating to a jury charge is not preserved for appellate review unless a
party either requested the charge and obtained a ruling or objected on specific
grounds to the charge as given), vacated in part by, 374 S.C. 9, 647
S.E.2d 207 (2007) (vacating Court of Appeals' analysis regarding Crawford v.
Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004)); see State v. Rios, 388 S.C. 335, 342, 696 S.E.2d 608, 612 (Ct. App. 2010)
(holding the failure to object to the circuit court's decision not to charge
involuntary manslaughter waived defendant's ability to seek appellate review on
the issue).

AFFIRMED.

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

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