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STATE v. WHITTEN

No. 4285.

375 S.C. 43 (2007)

649 S.E.2d 505

The STATE, Respondent v. Danny WHITTEN, Appellant.

Court of Appeals of South Carolina.

Heard June 5, 2007.

Decided August 3, 2007.

Rehearing Denied November 16, 2007.

Attorney(s) appearing for the Case

Deputy Chief Attorney for Capital Appeals Robert M. Dudek and Assistant Appellate Defender LaNelle C. Durant, both of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

GOOLSBY, J.:

The question raised by appellant Danny Whitten is whether the trial court erred in refusing to charge assault and battery of a high and aggravated nature (ABHAN) as a lesser-included offense of assault with intent to commit criminal sexual conduct (ACSC) in the third degree.1 A jury found Whitten guilty of the latter offense and the trial judge sentenced him to a ten-year sentence...

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