STATE v. GOLSTON

No. 4984.

399 S.C. 393 (2012)

732 S.E.2d 175

The STATE, Respondent, v. Bennie GOLSTON, Appellant.

Court of Appeals of South Carolina.

Decided June 6, 2012.

Rehearing Denied September 13, 2012.


Attorney(s) appearing for the Case

Appellate Defender LaNelle Cantey DuRant , of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General Deborah R.J. Shupe , all of Columbia; and Solicitor Donald V. Myers , of Lexington, for Respondent.


FEW, C.J.

Bennie Golston appeals his conviction for criminal domestic violence of a high and aggravated nature (CDVHAN). His primary contention on appeal is that the trial court erred in declining to charge the jury on criminal domestic violence (CDV) as a lesser-included offense. We affirm.

I. Facts and Procedural History

Golston and the victim lived together "off and on" for approximately five years. On the morning of March 22, 2008, a neighbor...

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