BENHAM, Justice.
Appellant Darryl John White was convicted of the felony murder of Ronald Price with the underlying felony being aggravated assault, and possession of a knife during the commission of a felony. After reviewing appellant's enumerations of error, we affirm the judgment of conviction.
An eyewitness identified appellant as the man he saw walk up to the victim and strike
1. The evidence was sufficient to authorize a rational trier of fact to find appellant guilty beyond a reasonable doubt of felony murder with the underlying felony being aggravated assault, and possession of a knife during the commission of a crime. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Green v. State, 266 Ga. 758(1), (2b), 470 S.E.2d 884 (1996).
2. Appellant complains the trial court erred when it declined to give his requested jury instruction on "no duty to retreat." Trial counsel submitted a written request to charge on the subject and objected at the charge conference when the trial court told counsel it would not give the charge; however, no objection was made after instructions were given to the jury following the closing arguments. Because an objection voiced at the charge conference does not preserve objections to the charge as subsequently given (Carruth v. State, 290 Ga. 342(6), 721 S.E.2d 80 (2012)), the failure to object to the charge as given precludes appellate review "unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties." OCGA § 17-8-58(b). An appellate court is required to review for plain error an alleged jury instruction error to which no objection was raised at trial, provided the enumeration of error is properly enumerated and argued on appeal. Id.; State v. Kelly, 290 Ga. 29(1), 718 S.E.2d 232 (2011). Since new appellate counsel has properly asserted an error in the jury instructions on appeal, we review the omission of the charge on no duty to retreat to determine whether it constituted plain error, regardless of the lack of preservation below. Id., 290 Ga. at 32, 718 S.E.2d 232; Carruth v. State, supra, 290 Ga. at 348, 721 S.E.2d 80. Reversal is authorized if all four prongs of the standard adopted in Kelly are met: the instruction was erroneous, the error was obvious, the instruction likely affected the outcome of the proceedings, and the error seriously affects the fairness, integrity or public reputation of judicial proceedings. State v. Kelly, supra, 290 Ga. at 33, 718 S.E.2d 232.
Appellant presented a justification defense as his sole defense and the trial court instructed the jury on the law of justification and that an actual assault need not have been made upon a defendant in order to justify a homicide. "[W]here self-defense is the sole defense, and the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat...." Johnson v. State, 253 Ga. 37, 39, 315 S.E.2d 871 (1984). Where, as here, the defendant testified and was not questioned as to why he did not leave the scene, the issue of retreat was not raised by the evidence so as to support the giving of a charge on the subject. Higginbotham v. State, 287 Ga. 187(4), 695 S.E.2d 210 (2010); Ward v. State, 254 Ga. 610(2), 331 S.E.2d 521 (1985). Since it was not necessary in this case to instruct the jury on no duty to retreat in conjunction with appellant's sole defense of justification, the first prong of the Kelly "plain error" test is not met.
3. Appellant next contends the trial court erroneously accepted the jury's verdict finding appellant guilty of felony murder without requiring the jury to decide whether the killing was mitigated by the sudden passion resulting from serious provocation that could reduce the killing to voluntary manslaughter. Appellant sees error in the trial court's acceptance of the jury's verdict that found appellant guilty of felony murder without having entered a verdict with regard to
Edge does not require a jury to make a finding concerning the existence or non-existence of sudden and violent passion resulting from serious provocation before returning a guilty verdict on malice or felony murder; Edge requires only that a jury be instructed that it must consider whether there existed such passion and provocation prior to returning a guilty verdict on malice or felony murder. Where, as here, the jury was instructed properly, we presume, in the absence of clear evidence to the contrary, that qualified jurors followed the trial court's instructions to consider voluntary manslaughter before finding a defendant guilty of felony murder. Herring v. State, 277 Ga. 317 (6) (c), 588 S.E.2d 711 (2003). There being no evidence to the contrary, we conclude that the trial court did not err by accepting the jury's verdict.
Judgment affirmed.
All the Justices concur.