State v. Buckner

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.

Sylvester
Buckner, Appellant.

Appeal from Hampton County

 Clifton Newman, Circuit Court Judge

Unpublished Opinion No.  2008-UP-213

Submitted April 1, 2008 – Filed April 4,
2008

APPEAL DISMISSED

Chief Attorney, Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott,
of Columbia; and Solicitor I. McDuffie Stone, III, of Hampton, for Respondent.

PER CURIAM:  Sylvester Buckner appeals his
conviction for assault and battery of a high and aggravated nature.  The trial
judge sentenced him to six years
imprisonment.  Buckner claims the trial court erred in failing to instruct
the jury on the lesser-included charge of simple assault and battery.  Buckner’s counsel attached a petition to be relieved, stating he
reviewed the record and concluded this appeal lacks merit.  Buckner did not
file a pro se response brief.  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 his
appeal and grant counsel’s motion to be relieved.[1]

APPEAL
DISMISSED.

ANDERSON , SHORT and THOMAS concur.

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