In re Interest of Zahi H.

In the Interest of Zahi H., a Juvenile Under the Age of Seventeen, Appellant.

Appellate Case No. 2018-000218

Unpublished Opinion No. 2021-UP-063

STATE OF SOUTH CAROLINA In The Court of Appeals

Submitted January 1, 2021

March 10, 2021

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal From Chester County

Coreen B. Khoury, Family Court Judge

AFFIRMED

Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia; and Solicitor Randy E. Newman, Jr., of Lancaster, all for Respondent.

PER CURIAM: Zahi H. appeals his adjudication of delinquency for third-degree assault with intent to commit criminal sexual conduct (CSC) and his sentence mandating probation until his eighteenth birthday or completion of outpatient therapy and house arrest with electronic monitoring. On appeal, he argues the family court erred in (1) refusing to adjudicate him of the lesser included offenses of assault and battery of a high and aggravated nature (ABHAN) and first-degree assault and battery and (2) adjudicating him delinquent of an offense requiring him to register as a lifetime sex offender. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:

1. The family court did not err in adjudicating Zahi H. delinquent of third-degree assault with intent to commit CSC instead of ABHAN or first-degree assault and battery. Our supreme court has held that ABHAN and first-degree assault and battery are not lesser included offenses of CSC crimes. See State v. Hernandez, 428 S.C. 257, 259-61, 834 S.E.2d 462, 463-64 (2019) (explaining that when the legislature codified "all degrees of assault and battery crimes," those offenses—which included ABHAN and first-degree assault and battery—were no longer considered lesser-included offenses of CSC). Further, the evidence presented at trial supports an adjudication of delinquency on the charge of third-degree assault with intent to commit CSC. The victim testified Zahi H. entered the locker room while she was showering and changing and pushed her against the lockers while masturbating. We find this is sufficient evidence to support an adjudication of delinquency of third-degree assault with intent to commit CSC. See In the Interest of Jamal G., 396 S.C. 158, 162-63, 720 S.E.2d 62, 64 (Ct. App. 2011) (stating in an appeal from a family court delinquency proceeding, an appellate court reviews errors of law only); In the Interest of Doe, 318 S.C. 527, 534, 458 S.E.2d 556, 561 (Ct. App. 1995) (concluding an appellate court must affirm an "adjudication of delinquency unless it is unsupported by evidence"); S.C. Code Ann. § 16-3-654(1)(a) (2015) ("A person is guilty of [CSC] in the third degree if the actor engages in sexual battery with the victim and if . . . [t]he actor uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances."); S.C. Code Ann. § 16-3-656 (2015) ("Assault with intent to commit [CSC] . . . shall be punishable as if the [CSC] was committed.").

2. The family court did not err in adjudicating Zahi H. delinquent of third-degree assault with intent to commit CSC, which requires him to register as lifetime sex offender, because the evidence presented at trial supported such an adjudication. Because the victim testified Zahi H. entered the locker room while she was showering and changing and pushed her against the lockers while masturbating, we find there is sufficient evidence to support an adjudication of delinquency of third-degree assault with intent to commit CSC. See State v. Baccus, 367 S.C. 41, 48, 625 S.E.2d 216, 220 (2006) ("In criminal cases, the appellate court sits to review errors of law only."); In the Interest of Doe, 318 S.C. at 534, 458 S.E.2d at 561 (concluding an appellate court must affirm an "adjudication of delinquency unless it is unsupported by evidence"); § 16-3-654(1)(a) ("A person is guilty of [CSC] in the third degree if the actor engages...