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STATE v. PEAY

No. 2473.

468 S.E.2d 669 (1996)

The STATE, Respondent, v. Bryant F. PEAY, Appellant.

Court of Appeals of South Carolina.

Decided March 4, 1996.

Rehearing Denied April 18, 1996.

Attorney(s) appearing for the Case

Jonathan Harvey, of Columbia, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert DeLoach, III; and Solicitor Warren B. Giese, all of Columbia, for respondent.

CONNOR, Judge:

Bryant F. Peay appeals his conviction for trafficking in cocaine. We affirm.

I.

Peay first argues the trial court erred in refusing to charge the jury possession with intent to distribute as a lesser included offense to trafficking based upon possession.

S.C.Code Ann. § 44-53-370 (Supp.1995), provides:

(a) Except as authorized by this article it shall be unlawful for...

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