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2010-UP-016 - State v. Fitch

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

David Fitch, Appellant.


Appeal From Spartanburg County
 J. Derham Cole, Circuit Court Judge


Unpublished Opinion No. 2010-UP-016
Submitted January 4, 2010 – Filed January 25, 2010 


APPEAL DISMISSED


Acting Chief Appellate Defender Robert M. Pachak, of Columbia, for Appellant. 

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

PER CURIAM:  David Fitch appeals his convictions and sentences for criminal sexual conduct with a minor in the first and second degrees and lewd act upon a child, arguing the circuit court erred in refusing to direct a verdict in his favor because the State failed to present any substantial evidence of the victim's age at the time of the offenses.  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] Fitch's appeal and grant counsel's motion to be relieved.

APPEAL DISMISSED. 

HUFF, A.C.J., GEATHERS, J., and CURETON, A.J., concur. 


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