Supreme Court of South Carolina

State v. Hernandez

October 23, 2019

Summary

The South Carolina Supreme Court affirmed the Court of Appeals’ decision, modifying it to hold that assault and battery of a high and aggravated nature (ABHAN) is not a lesser‑included offense of criminal sexual conduct (CSC) after the 2010 codification, and therefore the trial court did not err in refusing a jury instruction on ABHAN.