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 Court of Appeals

The State, Respondent,

v.

Sylvester Buckner, Appellant.

Appeal from Hampton County
 Clifton Newman, Circuit Court Judge

Unpublished Opinion No.  2008-UP-213
Submitted April 1, 2008 – Filed April 4, 2008

APPEAL DISMISSED

Chief Attorney, Joseph L. Savitz, III, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Columbia; and Solicitor I. McDuffie Stone, III, of Hampton, for Respondent.

PER CURIAM:  Sylvester Buckner appeals his conviction for assault and battery of a high and aggravated nature.  The trial judge sentenced him to six years imprisonment.  Buckner claims the trial court erred in failing to instruct the jury on the lesser-included charge of simple assault and battery.  Buckner’s counsel attached a petition to be relieved, stating he reviewed the record and concluded this appeal lacks merit.  Buckner did not file a pro se response brief.  After a thorough review of the record and counsel’s brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss his appeal and grant counsel’s motion to be relieved.[1]

APPEAL DISMISSED.

ANDERSON , SHORT and THOMAS concur.

[1] We decide this case without oral argument pursuant to Rule 215, SCACR.