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STATE v. EVANS

1877

309 S.C. 471 (1992)

424 S.E.2d 512

The STATE, Respondent v. O'Neal EVANS, Appellant.

Court of Appeals of South Carolina.

Decided October 26, 1992.

Attorney(s) appearing for the Case

David I. Bruck and S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia, and Sol. Wade S. Kolb, Jr., Sumter, for respondent.

Heard Sept. 28, 1992.

Decided Oct. 26, 1992.

GARDNER, Justice:

O'Neal Evans was convicted of armed robbery, two counts of assault and battery, assault with intent to kill, and possession of a weapon during a violent crime. We remand for an evaluation of Evans by the S.C. Department of Mental Retardation as mandated by S.C. Code Ann. § 44-23-410 (Supp. 1990). If it is determined that Evans was competent to stand trial, the jury verdict is affirmed...

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