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STATE v. MATHIS

22471

287 S.C. 589 (1986)

340 S.E.2d 538

The STATE, Respondent v. Joe L. MATHIS, Appellant.

Supreme Court of South Carolina.

Decided February 13, 1986.

Attorney(s) appearing for the Case

Asst. Appellate Defender Tara D. Shurling, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Carlisle Roberts, Jr., Columbia, and Sol. Claude A. Taylor, Jr., Spartanburg, for respondent.

Heard Jan. 21, 1986.

Decided Feb. 13, 1986.

CHANDLER, Justice:

Joe L. Mathis (Mathis) appeals his conviction and 12 year sentence for first degree criminal sexual conduct. Specifically, he was charged with engaging in sexual battery with a victim less than 11 years of age under S.C. Code Ann. § 16-3-655(1) (1976).

We reverse and remand for a new trial.

FACTS

Mathis and a co-defendant each pled guilty to committing a lewd...

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