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STATE v. GOURDINE

No. 24444.

472 S.E.2d 241 (1996)

The STATE, Respondent, v. Jason GOURDINE, Petitioner.

Supreme Court of South Carolina.

Decided June 10, 1996.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey and Assistant Appellate Defender Lisa T. Gregory, both of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General T. Travis Medlock, Chief Deputy Attorney General Donald J. Zelenka, and Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor David P. Schwacke, of North Charleston, for respondent.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

MOORE, Justice:

Petitioner was convicted of accessory before the fact of armed robbery of a McDonald's restaurant. The Court of Appeals affirmed his conviction but remanded for resentencing. State v. Gourdine, Op. No. 95-UP-040 (S.C.Ct.App. filed February 14, 1995). We reverse and remand.

FACTS

Petitioner did not testify at his trial below. Three witnesses who had pled guilty to...

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