¶1dissenting and concurring:
¶2I VOTE to REVERSE and REMAND for a new trial on involuntary manslaughter. In my judgment, a reversal is proper in regard to the charge of voluntary manslaughter, but the case must be remanded for the purpose of a new trial on involuntary manslaughter.
¶3I am convinced that a retrial of the defendant on the charge of involuntary manslaughter is proper. In State v. Cooley, 342 S.C. 63, 536 S.E.2d 666 (2000), our supreme court edified:
Furthermore, based on the testimony presented at Defendant’s trial, the result of our holding here is that without any evidence of legal provocation Defendant cannot be retried on the charge of voluntary manslaughter. Thus, retrial will be limited to the charge of involuntary manslaughter.
¶4Id. at 69, 536 S.E.2d at 669.
¶5Applying Cooley, a reversal encapsulates a retrial on involuntary manslaughter.