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STATE v. WHITE

No. 3604.

353 S.C. 566 (2003)

578 S.E.2d 728

The STATE, Respondent, v. Nickie WHITE, Appellant.

Court of Appeals of South Carolina.

Decided March 3, 2003.

Rehearing Denied April 16, 2003.

Attorney(s) appearing for the Case

Assistant Appellate Defender Katherine Carruth Link, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, all of Columbia; Warren Blair Giese, of Columbia; for Respondent.

HEARN, C.J.:

Following a jury trial, Nickie White was convicted of criminal sexual conduct in the first degree and kidnapping. He was sentenced to consecutive prison terms of thirty years for criminal sexual conduct and ten years for kidnapping. White appeals, arguing the circuit court erred (1) in refusing to charge assault and battery of a high and aggravated nature (ABHAN) and simple assault and battery as lesser-included...

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