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STATE v. CALDWELL

23155

300 S.C. 494 (1990)

388 S.E.2d 816

The STATE, Respondent v. Rickie Tim CALDWELL, Appellant.

Supreme Court of South Carolina.

Decided February 5, 1990.

Attorney(s) appearing for the Case

Chief Atty. David I. Bruck and Asst. Appellate Defenders Wanda Hagler Haile and Joseph L. Savitz, III, S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, and Sol. William L. Ferguson, York, for respondent.

Heard Oct. 19, 1989.

Decided Feb. 5, 1990.

HARWELL, Justice:

In the first phase of a bifurcated capital trial, appellant, Rickie Tim Caldwell (Caldwell), was found guilty of armed robbery and of kidnapping and murdering Melvin Kelly, Jr. He was sentenced to death upon recommendation of the trial jury at the end of the second phase. He also received a twenty-five year concurrent sentence for armed robbery. This case consolidates Caldwell's direct appeal...

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