State v. Linnen, 2015-UP-212
Decision Date | 22 April 2015 |
Docket Number | 2015-UP-212 |
Court | South Carolina Court of Appeals |
Parties | The State, Respondent, v. Jabari Linnen, Appellant. Appellate Case No. 2012-213026 |
UNPUBLISHED OPINION
Heard Date March 2, 2015
Appeal From Beaufort County Diane Schafer Goodstein, Circuit Court Judge
James Andrew Byars, Nexsen Pruet, LLC, and Chief Appellate Defender Robert Michael Dudek, both of Columbia, for Appellant.
Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.
Jabari Linnen appeals his convictions of assault and battery of a high and aggravated nature and the possession of a firearm during the commission of a violent crime, arguing the trial court erred in denying his request for a jury charge on the Protection of Persons and Property Act (the Act). See S. C Code Ann §§ 16-11-410 to -450 (Supp 2014) We affirm pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann § 16-11-450(A) (Supp 2014) ( ); State v Duncan, 392 S.C. 404 410, 709 S.E.2d 662, 665 (2011) ( ); id (); State v Marin, 404 S.C. 615, 625, 745 S.E.2d 148, 153-54 (Ct App 2013), cert granted, SC Sup Ct Order dated Oct 23, 2014 (a trial court should not charge the jury on the Act because subsection 16-11-450(A) of the Act "does not contain any substantive provisions of law[; r]ather, it is a procedural subsection under which the circuit court may grant immunity from prosecution before a trial begins") ; see also State v Curry, 406 S.C. 364, 373, 752 S.E.2d 263, 267 (2013) ( ); id at 375, 752 S.E.2d at 268 (Pleicones, J, concurring in part and dissenting in part) (...
To continue reading
Request your trial