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STATE v. PETERSON

No. 3000.

336 S.C. 6 (1999)

518 S.E.2d 277

The STATE, Respondent, v. William PETERSON, Appellant.

Court of Appeals of South Carolina.

Decided May 24, 1999.

Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen P. Clare, of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Caroline Callison Tiffin, all of Columbia; and Solicitor Cecil Kelly Jackson, of Sumter, for respondent.

GOOLSBY, Judge:

William Peterson appeals his conviction of first-degree burglary after a jury found him not guilty of first-degree assault with intent to commit criminal sexual conduct. The sole question on appeal is whether Peterson could be convicted of burglary because the jury failed to convict him of the crime that the State offered proof he intended to commit at the time of breaking and entering. We affirm.1

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