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STATE v. ARTHUR

No. 3746.

357 S.C. 566 (2004)

593 S.E.2d 522

The STATE, Respondent, v. Darryl ARTHUR, Appellant.

Court of Appeals of South Carolina.

Decided February 23, 2004.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey, of the Office of Appellate Defense, 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 David A. Spencer; and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

KITTREDGE, J.:

This appeal presents the question of whether the offense of tampering with a motor vehicle1 (auto-tampering) is a lesser-included offense of breaking into a motor vehicle2 (auto-breaking). We hold it is not and affirm Darryl Arthur's convictions and sentence.

FACTS

Arthur broke into the vehicle of Michael Hendrix, a lieutenant with the City of Columbia Police Department, while...

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