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Unpublished Opinion No. 2010-UP-016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.