State v. Yeni

THE STATE OF SOUTH CAROLINA 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 Supreme Court The State, Respondent, v. David Brian Yeni, Appellant. Appeal from Richland County James R. Barber, III, Circuit Court Judge Memorandum Opinion No. 2007-MO-047 Heard May 23, 2007 – Filed July 2, 2007 AFFIRMED Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport; and Solicitor Warren B. Giese, all of Columbia, for respondent. PER CURIAM: Affirmed pursuant to Rule 220(b), SCACR, and the following authority: State v. Mallory, 270 S.C. 519, 242 S.E.2d 693 (1978) (no error to refuse charge on simple assault and battery under an indictment for ABHAN unless there is testimony tending to show defendant is guilty only of simple assault and battery). TOAL, C.J., MOORE, BURNETT, PLEICONES, JJ., and Acting Justice Michael G. Nettles, concur.