State v. Summers

THIS
OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS
PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Wilbur Xavier Castro
Summers, Appellant.

Appeal From Spartanburg County

 Lee S. Alford, Circuit Court Judge

Unpublished Opinion No. 2009-UP-138

Submitted March 2, 2009 – Filed March 10,
2009   

AFFIRMED

Appellate Defender LaNelle C. DuRant, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,

Senior Assistant Attorney General Norman Mark Rapoport, all of
Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM: Wilbur Xavier Castro Summers appeals his conviction
and sentence for trafficking
in marijuana, arguing the trial court
erred in instructing the jury on conspiracy because the evidence did not
support a conspiracy charge.  We affirm[1] pursuant to Rule 220(b), SCACR, and the following authorities: Sheppard v.
State, 357 S.C. 646, 665, 594 S.E.2d 462, 472-73 (2004) (holding a
trial court is required to charge only the current and correct law of South
Carolina); State v. Aleksey, 343 S.C. 20, 27, 538 S.E.2d 248,
251 (2000) (explaining jury instructions should be considered as a whole,
and if as a whole they are free from error, any isolated portions which may be
misleading do not constitute reversible error); State v. Brown, 362 S.C.
258, 262, 607 S.E.2d 93, 95 (Ct. App. 2004) (stating the law to be charged to the
jury is determined by the evidence presented at trial, and if any evidence
supports a jury charge, the trial court should grant the request). 

AFFIRMED.

SHORT, THOMAS, and GEATHERS, JJ., concur.

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