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2009-UP-021 - State v. Fernanders

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals


The State, Respondent,

v.

Daniel Fernanders, Appellant.


Appeal From Spartanburg County
Lee S. Alford, Circuit Court Judge


Unpublished Opinion No. 2009-UP-021
Submitted January 2, 2009 – Filed January 9, 2009  


APPEAL DISMISSED


Appellate Defender Eleanor Duffy Cleary, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

PER CURIAM:  Daniel Fernanders appeals his convictions of assault of a high and aggravated nature (AHAN) and assault and battery of a high and aggravated nature (ABHAN).  Fernanders argues that the trial judge erred by instructing the jury on AHAN and ABHAN, because the State did not present any evidence of aggravating circumstances to support the charges.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss[1] Fernanders’s appeal and grant counsel’s motion to be relieved.

APPEAL DISMISSED.

WILLIAMS, PIEPER, and GEATHERS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.