State v. Robinson
Decision Date | 24 October 2012 |
Docket Number | Unpublished Opinion No. 2012-UP-574,Appellate Case No. 2009-148966 |
Court | South Carolina Court of Appeals |
Parties | The State, Respondent, v. Lou Ann Robinson, Appellant. |
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.
Appeal From Williamsburg County
R. Ferrell Cothran, Jr., Circuit Court Judge
AFFIRMED IN PART AND REMANDED IN PART
Appellate Defender Elizabeth Anne Franklin-Best, of
Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney
General John W. McIntosh, Senior Assistant Deputy
Attorney General Salley W. Elliott, Senior Assistant
Attorney General Harold M. Coombs, Jr., all of
Columbia; and Solicitor C. Kelly Jackson, of Sumter, for
Respondent. PER CURIAM: Lou Ann Robinson appeals her conviction of voluntary manslaughter, arguing the trial court erred in charging voluntary manslaughter. Additionally, she argues the trial court erred in failing to make a finding under section 16-25-90 of the South Carolina Code (Supp. 2011), which provides early parole eligibility for an inmate convicted of an offense against a household member, when evidence is presented of criminal domestic violence suffered at the hands of the household member.
1. As to whether the trial court erred in charging voluntary manslaughter, we affirm pursuant to the following authorities: State v. Miller, 397 S.C. 630, 634-35, 725 S.E.2d 724, 727 (Ct. App. 2012) (); id. at 635, 725 S.E.2d at 727 (); State v. Moore, 374 S.C. 468, 473-74, 649 S.E.2d 84, 86 (Ct. App. 2007) ("This [c]ourt does not re-evaluate the facts based on its own view of the preponderance of the evidence but simply determines whether the trial ruling is supported by any evidence."); State v. Johnson, 333 S.C. 62, 65, 508 S.E.2d 29, 31 (1998) (); State v. Tyson, 283 S.C. 375, 379, 323 S.E.2d 770, 772 (1984) (); State v. Starnes, 388 S.C. 590, 598, 698 S.E.2d 604, 609 (2010) ().
2. As to whether the trial court erred in failing to make a finding regarding Robinson's eligibility for early parole: Section 16-25-90 of the South Carolina Code (Supp. 2011) states an inmate shall be eligible for parole after serving one-fourth of his or her prison sentence when the inmate was convicted of a crime against a household member and presents credible evidence of a history of criminal domestic violence suffered at the hands of the household member. "T...
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