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STATE v. MITCHELL

No. 3918.

362 S.C. 289 (2005)

608 S.E.2d 140

The STATE, Respondent, v. Nathaniel MITCHELL, Appellant.

Court of Appeals of South Carolina.

Decided January 10, 2005.

Attorney(s) appearing for the Case

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

ANDERSON, J.:

Nathaniel Mitchell (Mitchell) was found guilty of homicide by child abuse. Mitchell argues the circuit court should have charged involuntary manslaughter as a lesser included offense. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Nathaniel and Sonya Mitchell were acting as foster parents for Hodari, Nautica, and Passion Gardner. While under the Mitchells' care, Passion, who was approximately two years and three months of age, died...

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