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Unpublished Opinion No. 2009-UP-021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.