1
The State, Respondent-Petitioner,
v.
Ontavious Derenta Plumer, Petitioner-Respondent.
No. 28152
Appellate Case No. 2021-000643
Supreme Court of South Carolina
April 26, 2023
Heard March 7, 2023
Appeal from Greenwood County Edward W. Miller, Circuit Court Judge
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
E. Charles Grose Jr., of The Grose Law Firm, LLC, of Greenwood, for Petitioner-Respondent.
Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, and Solicitor David Matthew Stumbo, of Greenwood, all for Respondent-Petitioner.
JAMES JUSTICE
Ontavious Derenta Plumer shot and wounded Oshamar Wells (Victim) during an aborted drug deal. Plumer was convicted of attempted murder and possession of a weapon during the commission of a violent crime. He was
sentenced to life without parole (LWOP)[1] for attempted murder and to a concurrent five-year term on the weapon charge. The court of appeals affirmed Plumer's convictions but vacated the five-year weapon sentence. State v. Plumer, 433 S.C. 300, 857 S.E.2d 796 (Ct. App. 2021). We granted cross-petitions for certiorari and address two issues in this opinion. First, we address Plumer's contention that the court of appeals erred in affirming the trial court's refusal to instruct the jury on self-defense. Second, we address the State's contention that even though the five-year weapon sentence is prohibited by statute, that issue was not raised to the trial court and is thus not preserved for appellate review. We affirm the court of appeals as modified on both issues.
Background
The court of appeals' opinion presents the factual background of this case. The following basic facts are sufficient for our review. The shooting occurred during a drug deal in which Plumer and Jamel Brownlee planned to buy approximately $3,600 worth of marijuana from Victim. The deal was convened in the...
