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STATE v. FONSECA

No. 4552.

383 S.C. 640 (2009)

681 S.E.2d 1

The STATE, Respondent, v. Amaurys Columbie FONSECA, Appellant.

Court of Appeals of South Carolina.

Decided May 27, 2009.

Rehearing Denied August 25, 2009.

Attorney(s) appearing for the Case

Appellate Defender M. Celia Robinson, of Columbia, for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Columbia, and Solicitor Donald V. Myers, of Lexington, for respondent.

THOMAS, J.:

Amaurys Columbie Fonseca appeals his conviction for the commission of a lewd act on a minor. The original indictment charged one count of a lewd act against a minor, but alleged two distinct incidents: one occurring in 2001 and another in 2003. By order of the court, the indictment was amended, and the State elected to proceed only on the 2003 lewd act. Appellant alleges it was error to: (1) permit the State to proceed under the amended indictment; (2...

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