State v. Robinson

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.

Joel Antawan
Robinson, Appellant.

Appeal from Richland County

J. Michelle Childs, Circuit Court Judge

Unpublished Opinion No. 2012-UP-202

Submitted March1, 2012 – Filed March 21,
2012   

AFFIRMED

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

Attorney General Alan Wilson, Chief Deputy
Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W.
Elliott, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney
General Alphonso Simon, Jr., and Solicitor Daniel E. Johnson, all of Columbia,
for Respondent.

PER CURIAM: Joel
Antawan Robinson appeals his convictions for murder, assault and battery with
intent to kill, and possession of a firearm during the commission of a violent
crime, arguing the trial court erred in denying his request to charge voluntary
manslaughter.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v.
Pittman, 373 S.C. 527, 570, 647 S.E.2d 144, 166-67 (2007) (holding an
appellate court will not reverse a trial court's decision on a jury charge
absent an abuse of discretion); State v. Childers, 373 S.C. 367, 373,
645 S.E.2d 233, 236 (2007) ("Both heat of passion and sufficient legal
provocation must be present at the time of the killing to constitute voluntary
manslaughter."); State v. Ivey, 325 S.C. 137, 142, 481 S.E.2d 125,
127 (1997) ("The exercise of a legal right, no matter how offensive to
another, is never in law deemed a provocation sufficient to justify or mitigate
an act of violence.").  

AFFIRMED.

WILLIAMS,
THOMAS, and LOCKEMY, JJ., concur.

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