STATE v. MYERS

No. 24268.

459 S.E.2d 304 (1995)

The STATE, Respondent, v. Irven Lee MYERS, Appellant.

Supreme Court of South Carolina.

Decided July 3, 1995.


Attorney(s) appearing for the Case

Daniel T. Stacey, Chief Atty., S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Sr. Asst. Atty. Gen. Harold M. Coombs, Jr., and Asst. Atty. Gen. Norman Mark Rapoport, Columbia, and Sol. Holman C. Gossett, Spartanburg, for respondent.


WALLER, Justice.

This case began as a capital trial. Appellant, Myers, was convicted of murder and first degree burglary; the sentencing jury recommended life imprisonment. The sole matter on appeal is whether the trial judge erred in recalling the sentencing jury, moments after it had been dismissed, to ascertain whether it had found the existence of aggravating circumstances. We affirm.

FACTS

The jury returned with a unanimous recommendation...

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