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.