STATE v. MILLER

No. 4965.

397 S.C. 630 (2012)

725 S.E.2d 724

The STATE, Respondent, v. Shawn Antonio MILLER, Appellant.

Court of Appeals of South Carolina.

Decided April 25, 2012.

Rehearing Denied May 25, 2012.


Attorney(s) appearing for the Case

Appellate Defender Breen Richard Stevens , of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , and Assistant Deputy Attorney General Donald J. Zelenka , all of Columbia; and Solicitor Barry J. Barnette , of Spartanburg, for Respondent.


CURETON, A.J.

Shawn Antonio Miller appeals his convictions and sentences for murder and the possession of a firearm during the commission of a violent crime, arguing the trial court erred in instructing the jury it could infer malice from the use of a deadly weapon, despite the presentation of evidence that would mitigate or reduce the offense. We reverse and remand for a new trial.

FACTS

On October 26, 2007, Miller and his friend, Christopher Blount...

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