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STATE v. SUTTON

No. 25130.

340 S.C. 393 (2000)

532 S.E.2d 283

The STATE, Petitioner, v. Michael SUTTON, Respondent.

Supreme Court of South Carolina.

Decided May 15, 2000.

Rehearing Denied June 6, 2000.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert DeLoach, III, all of Columbia; and Solicitor E.L. Clements, III, of Florence, for petitioner.

Assistant Appellate Defender M. Anne Pearce, of South Carolina Office of Appellate Defense, of Columbia, for respondent.

MOORE, Justice:

The Court of Appeals vacated respondent's attempted murder conviction and sentence. State v. Sutton, 333 S.C. 192, 508 S.E.2d 41 (Ct.App.1998). We granted the State a writ of certiorari to review the Court of Appeals' decision. We affirm as modified.

FACTS

On December 22, 1994, respondent Michael Sutton shot Dennis Thomas three times at a Florence nightclub...

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