No. 25365 | S.C. | Oct 1, 2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Respondent was indicted for assault with intent to commit criminal sexual conduct against a minor in the second degree (ACSC) and pled guilty to assault and battery of a high and aggravated nature (ABHAN). The Court of Appeals vacated his guilty plea. State v. Clarkson, 337 S.C. 518" date_filed="1999-11-08" court="S.C. Ct. App." case_name="State v. Clarkson">337 S.C. 518, 523 S.E.2d 817 (Ct.App.1999). The State has filed a petition for a writ of certiorari seeking review of the Court of Appeals’ opinion. We grant the petition for a writ of certiorari, dispense with further briefing and reverse the decision of the Court of Appeals.
Relying on its opinion in State v. Elliott, 335 S.C. 512" date_filed="1999-05-03" court="S.C. Ct. App." case_name="State v. Elliott">335 S.C. 512, 517 S.E.2d 713 (Ct.App.1999), the Court of Appeals determined respondent’s guilty plea should be vacated because ABHAN is not a lesser-included offense of ACSC. This Court recently reversed the decision of the Court of Appeals in Elliott and held that ABHAN is a lesser-included offense of ACSC. State v. Elliott, Op. No. 25356, 552 S.E.2d 727" date_filed="2001-09-04" court="S.C." case_name="State v. Elliott">552 S.E.2d 727 (S.C.Sup.Ct.2001). Accordingly, the Court of Appeals erred in vacating respondent’s guilty plea.
REVERSED.