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STATE v. VARNER

23733

310 S.C. 264 (1992)

423 S.E.2d 133

The STATE, Respondent v. Melvin John VARNER, III, Appellant.

Supreme Court of South Carolina.

Decided November 9, 1992.

Rehearing Denied December 8, 1992.

Attorney(s) appearing for the Case

Chief Atty. Daniel T. Stacey, of South Carolina Office of Appellate Defense, Columbia, for appellants.

Attorney Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Atty. Gen. Harold M. Coombs, Jr., Staff Atty. Rakale Buchanan Smith, Columbia, and Sol. Ralph J. Wilson, of the Fifteenth Judicial Circuit, for respondent.

Heard Sept. 22, 1992;

Decided Nov. 9, 1992.

Reh. Den. Dec. 8, 1992.

HARWELL, Chief Justice:

Melvin Varner (Varner) appeals his life sentence for kidnapping, claiming that he should be resentenced under an amended kidnapping statute enacted while his appeal was pending. We affirm his sentence as imposed prior to the amendment.

I. FACTS

On February 6, 1991, Varner was convicted of kidnapping...

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