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STATE v. HERNANDEZ

No. 4651.

386 S.C. 655 (2010)

690 S.E.2d 582

The STATE, Respondent, v. Victor M.S. HERNANDEZ, Appellant.

Court of Appeals of South Carolina.

Decided February 25, 2010.

Attorney(s) appearing for the Case

Chief 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 Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia; and Solicitor I. McDuffie Stone, III, of Bluffton, for Respondent.

PER CURIAM.

Victor M. Sandoval-Hernandez appeals his conviction and sentence for murder, arguing the trial court erred in refusing to charge the jury on the lesser included offense of voluntary manslaughter. We affirm.

FACTS

On January 28, 2006, Rogelio Garcia hosted an engagement party in honor of a neighbor's son. Hernandez and his friends attended the party. After Hernandez tried to kiss a woman at the party, Garcia became angry and physically...

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