State v. Richards

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.

David B. Richards, Appellant.

Appeal From Lexington County
James W. Johnson, Jr., Circuit Court Judge

Unpublished Opinion No. 2008-UP-620
Submitted November 3, 2008 Filed November 12, 2008   

APPEAL DISMISSED

Appellate Defender Lanelle C. Durant, 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 Donald V. Myers, of Lexington, for Respondent.

PER CURIAM:  David B. Richards appeals his convictions for four counts of criminal sexual conduct with a minor and one count of lewd act on a minor.  Richards was sentenced to concurrent terms of twenty years for each criminal sexual conduct with a minor charge, and a consecutive fifteen year sentence for the lewd act on a minor charge.  Richards argues the trial court erred by denying his request to charge the jury on the lesser included offense of assault and battery of a high and aggravated nature.  Richards filed a separate pro se brief.  After a thorough review of the record and both briefs 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 Richards' appeal and grant counsel's motion to be relieved. [1]

APPEAL DISMISSED. 

ANDERSON, THOMAS, JJ., and GOOLSBY, A.J., concur.

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