STATE v. EVANS

No. 2388.

460 S.E.2d 578 (1995)

The STATE, Respondent, v. George Allen EVANS, Appellant.

Court of Appeals of South Carolina.

Filed June 15, 1995.

Refiled August 7, 1995.

Certiorari Granted August 24, 1995.


Attorney(s) appearing for the Case

Asst. Appellate Defender Robert M. Dudek, of S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Charles W. Gambrell, Jr., and Asst. Atty. Gen. Anne Hunter Young, Columbia, for respondent.


SHAW, Judge.

Appellant, George Allen Evans, was tried in his absence for one count of trafficking in cocaine under S.C.Code Ann. § 44-53-370(e)(2)(c). He was convicted as charged and sentenced to imprisonment for 25 years and fined $50,000. We find the charge failed to convey subject matter jurisdiction and therefore vacate the conviction.

On December 10, 1991, the State Grand Jury of South Carolina returned indictment number 91GS4722072 against appellant...

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