lesser included offense instruction in South Carolina

2023State v. Burdette, 427 S.C. 490 , 497, 832 S.E.2d 575 , 579 (2019). "[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction." Cook v. State, 415 S.C. 551, 559 , 784 S.E.2d 665, 669 (2015) (quoting Hopper v. Evans, 456 U.S. 605, 611 (1982)).

2023State v. Burdette, 427 S.C. 490 , 497, 832 S.E.2d 575 , 579 (2019). "[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction." Cook v. State, 415 S.C. 551, 559 , 784 S.E.2d 665, 669 (2015) (quoting Hopper v. Evans, 456 U.S. 605, 611 (1982)).

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2023State v. Burdette, 427 S.C. 490 , 497, 832 S.E.2d 575 , 579 (2019). "[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction." Cook v. State, 415 S.C. 551, 559 , 784 S.E.2d 665, 669 (2015) (quoting Hopper v. Evans, 456 U.S. 605, 611 (1982)).

2015“The law to be charged to the jury is determined by the evidence presented at trial.” State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993). “[D]ue process requires that a lesser included offense instruction be given only when the evidence warrants such an instruction.” Hopper v. Evans, 456 U.S. 605, 611 , 102 S.Ct. 2049 , 72 L.Ed.2d 367 (1982).

2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only

2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only

1994“A lesser included offense instruction is required by due process only when the evidence warrants such an instruction.” State v. Atkins, 293 S.C. 294, 298 , 360 S.E. (2d) 302, 305 (1987); see also State v. Gilliam, 296 S.C. 395 , 373 S.E. (2d) 596 (1988).

1994“A lesser included offense instruction is required by due process only when the evidence warrants such an instruction.” State v. Atkins, 293 S.C. 294, 298 , 360 S.E. (2d) 302, 305 (1987); see also State v. Gilliam, 296 S.C. 395 , 373 S.E. (2d) 596 (1988).

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2022Accordingly, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: State v. Perez, 423 S.C. 491, 496 , 816 S.E.2d 550, 553 (2018) ("In criminal cases, [an appellate c]ourt sits solely to review errors of law."); State v. Hill, 315 S.C. 260, 262 , 433 S.E.2d 848, 849 (1993) ("The law to be charged to the jury is determined by the evidence presented at trial."); id. (stating a lesser-included offense instruction is only required when the evidence warrants such an instruction); Cook v. State, 415 S.C. 551, 556 , 784 S.E.2d 665, 668 (2015) ("Voluntary manslaughter is the unlawfu

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only

2014As to whether the trial court erred in not charging the jury with strong arm robbery: State v. Gibson, 390 S.C. 347, 355-56 , 701 S.E.2d 766, 770 (Ct. App. 2010) (finding a trial court commits reversible error if it fails to give a requested charge on an issue raised by the evidence); State v. Tyndall, 336 S.C. 8, 21 , 518 S.E.2d 278, 285 (Ct. App. 1999) ("A lesser included offense instruction is required only when the evidence warrants such an instruction, and it is not error to refuse to charge the lesser included offense unless there is evidence tending to show the defendant was guilty only

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014See United States v. Estrada-Fernandez, 150 F.3d 491, 496 (5th Cir.1998) (“In deciding whether to request a lesser-included-offense instruction, defense counsel must make a strategic choice: giving the instruction may decrease the chance that the jury will convict for the greater offense, but it also may decrease the chance of an outright acquittal.”); Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (rejecting a claim of ineffective assistance based on the change in the ABA commentary because “[wjhether to argue a lesser-included offense is a matter to be decided by counsel after consult

2014Code Ann. § 16-11-330 (A) (2003) (providing a person is guilty of armed robbery if he or she "commits robbery while armed with a pistol . . . or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon"); State v. Tasco, 292 S.C. 270, 272 , 356 S.E.2d 117, 118 (1987) ("[W]hen a person perpetrates a robbery by brandishing an instrument which appears to be a firearm . . . in the absence of any evidence to the co

2014Code Ann. § 16-11-330 (A) (2003) (providing a person is guilty of armed robbery if he or she "commits robbery while armed with a pistol . . . or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon"); State v. Tasco, 292 S.C. 270, 272 , 356 S.E.2d 117, 118 (1987) ("[W]hen a person perpetrates a robbery by brandishing an instrument which appears to be a firearm . . . in the absence of any evidence to the co

2008“The mere contention that the jury might accept the State’s evidence in part and reject it in part is insufficient to satisfy the requirement that some evidence tend to show the defendant was guilty of only the lesser offense.” State v. Geiger, 370 S.C. 600, 608 , 635 S.E.2d 669, 674 (Ct.App.2006).

2008“The mere contention that the jury might accept the State’s evidence in part and reject it in part is insufficient to satisfy the requirement that some evidence tend to show the defendant was guilty of only the lesser offense.” State v. Geiger, 370 S.C. 600, 608 , 635 S.E.2d 669, 674 (Ct.App.2006).

2006State v. Mitchell, 362 S.C. 289, 301 , 608 S.E.2d 140, 143 (Ct.App.2005); State v. Coleman, 342 S.C. 172 , 175 536 S.E.2d 387, 389 (Ct.App.2000).

2006State v. Mitchell, 362 S.C. 289, 301 , 608 S.E.2d 140, 143 (Ct.App.2005); State v. Coleman, 342 S.C. 172 , 175 536 S.E.2d 387, 389 (Ct.App.2000).

2006State v. Mitchell, 362 S.C. 289, 301 , 608 S.E.2d 140, 143 (Ct.App.2005); State v. Coleman, 342 S.C. 172 , 175 536 S.E.2d 387, 389 (Ct.App.2000).

2006State v. Mitchell, 362 S.C. 289, 301 , 608 S.E.2d 140, 143 (Ct.App.2005); State v. Coleman, 342 S.C. 172 , 175 536 S.E.2d 387, 389 (Ct.App.2000).

2006Charging Lesser Included Offenses While upon indictment for a greater offense a trial court has the requisite jurisdiction to charge and convict a defendant of any lesser included offense, see Browning v. State, 320 S.C. 366 , 465 S.E.2d 358 (1995), overruled in part on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); State v. Patterson, 337 S.C. 215, 233 , 522 S.E.2d 845, 854 (Ct.App.1999); Tyndall, 336 S.C. at 21 , 518 S.E.2d at 285 , a lesser included offense instruction is required only when the evidence warrants such an instruction.

2006Charging Lesser Included Offenses While upon indictment for a greater offense a trial court has the requisite jurisdiction to charge and convict a defendant of any lesser included offense, see Browning v. State, 320 S.C. 366 , 465 S.E.2d 358 (1995), overruled in part on other grounds by State v. Gentry, 363 S.C. 93 , 610 S.E.2d 494 (2005); State v. Patterson, 337 S.C. 215, 233 , 522 S.E.2d 845, 854 (Ct.App.1999); Tyndall, 336 S.C. at 21 , 518 S.E.2d at 285 , a lesser included offense instruction is required only when the evidence warrants such an instruction.

1996State v. Cooney, ___ S.C. ___, 463 S.E.2d 597 (1995); See also State v. Smith, 315 S.C. 547 , 446 S.E.2d 411 (1994) (the trial court may and should refuse a charge on a lesser-included offense where there is no evidence that the defendant committed the lesser rather than the greater offense); State v. Gadsden, 314 S.C. 229 , 442 S.E.2d 594 (1994) (a lesser included offense instruction is required by due process only when the evidence warrants such an instruction; where there is no evidence to support a finding that the defendant was guilty of the lesser offense, there can be no error in the fa

1996State v. Cooney, ___ S.C. ___, 463 S.E.2d 597 (1995); See also State v. Smith, 315 S.C. 547 , 446 S.E.2d 411 (1994) (the trial court may and should refuse a charge on a lesser-included offense where there is no evidence that the defendant committed the lesser rather than the greater offense); State v. Gadsden, 314 S.C. 229 , 442 S.E.2d 594 (1994) (a lesser included offense instruction is required by due process only when the evidence warrants such an instruction; where there is no evidence to support a finding that the defendant was guilty of the lesser offense, there can be no error in the fa

1994“A lesser included offense instruction is required by due process only when the evidence warrants such an instruction.” State v. Atkins, 293 S.C. 294, 298 , 360 S.E. (2d) 302, 305 (1987); see also State v. Gilliam, 296 S.C. 395 , 373 S.E. (2d) 596 (1988).

1994“A lesser included offense instruction is required by due process only when the evidence warrants such an instruction.” State v. Atkins, 293 S.C. 294, 298 , 360 S.E. (2d) 302, 305 (1987); see also State v. Gilliam, 296 S.C. 395 , 373 S.E. (2d) 596 (1988).