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STATE v. NEVA

23135

300 S.C. 450 (1990)

388 S.E.2d 791

The STATE, Respondent v. Rose Marie NEVA, Appellant.

Supreme Court of South Carolina.

Decided January 22, 1990.

Attorney(s) appearing for the Case

Chief Atty. David I. Bruck and Deputy Chief Atty. Elizabeth C. Fullwood of S.C. Office of Appellate Defense, Columbia, for appellant.

Attorney Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia, and Solicitor Holman C. Gossett, Jr., Spartanburg, for respondent.

Heard Nov. 13, 1989.

Decided Jan. 22, 1990.

GREGORY, Chief Justice:

Appellant was convicted of transporting a child out of state with intent to violate a custody order under S.C. Code Ann. § 16-17-495 (1985). She was sentenced to three years imprisonment suspended upon five years probation. We reverse and remand.

Appellant was married to Bill Scoggins from 1969 to 1981. They had two children: a daughter, Melissa, born in 1972 and a son...

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