STATE v. FLEMING

0557

287 S.C. 268 (1985)

335 S.E.2d 814

The STATE, Respondent, v. Dale FLEMING, Appellant.

Court of Appeals of South Carolina.

Decided October 2, 1985.


Attorney(s) appearing for the Case

Richard G. Dusenbury, Florence, for appellant.

Atty. Gen. T. Travis Medlock and Asst. Atty. Gen. Harold M. Coombs, Jr., and Sol. Dudley Saleeby, Jr., Florence, for respondent.


Heard Sept. 18, 1985.

Decided Oct. 2, 1985.

GARDNER, Judge:

Appellant Fleming (Fleming) was convicted in his absence of robbery on June 12, 1984; the following day Fleming appeared in court and was called before the trial judge for sentencing. Fleming argued he had no notice of the trial; the trial judge opined that he could "not go back of the trial." We reverse and remand.

Rule 85(b) SCRCP provides that former Circuit Court Rule 35 shall...

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