State v. Polk

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.,

Ladrequz Polk, Appellant.

Appeal From Greenville County

C. Victor Pyle, Jr., Circuit Court Judge

Unpublished Opinion No. 2010-UP-441

Submitted October 1, 2010 – Filed October
13, 2010

AFFIRMED

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

Attorney General Henry Dargan McMaster, Chief
Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General
Salley W. Elliott, and Senior Assistant Attorney General Harold M. Combs, Jr.,
of Columbia; of Greenville, for Respondent.

PER CURIAM:  Ladrequz
Polk appeals his conviction and sentences for possession of marijuana with
intent to distribute (PWID) and PWID within half a mile of a school, arguing
the circuit court erred in refusing to charge the jury on the lesser included
offense of simple possession.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and
the following authorities:  State v.
Wilson, 345 S.C. 1, 5-6, 545 S.E.2d
827, 829 (2001) (holding in criminal cases, the appellate court sits to review
errors of law only and is bound by the factual findings of the circuit court
unless clearly erroneous);  State v.
Brown, 362 S.C. 258, 262, 607 S.E.2d
93, 95 (Ct. App. 2004) (stating the circuit court should grant a request
to charge the jury in accordance with South Carolina law when evidence
presented at trial supports the requested charge but preventing an appellate
court from reversing based upon a refused jury charge unless the complaining
party proves the refusal was erroneous and caused him to suffer prejudice). 

AFFIRMED.

HUFF and GEATHERS, JJ.,
and CURETON, A.J., concur. 

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