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STATE v. TUCKER

No. 24343.

464 S.E.2d 105 (1995)

The STATE, Respondent, v. James Neil TUCKER, Appellant.

Supreme Court of South Carolina.

Decided November 6, 1995.

Attorney(s) appearing for the Case

John D. (Jay) Elliott; and South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Chief Deputy Attorney General Donald J. Zelenka, Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.

MOORE, Justice:

This is a death penalty case. Appellant James Neil Tucker appeals his convictions and sentence. We affirm his convictions, reverse his sentence, and remand for resentencing.

FACTS

Tucker broke into Shannon Mellon's house in the early morning hours of July 2, 1992. Armed with a gun, he taped her wrists and ankles behind her back and left her on her bed while he searched for things...

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