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STATE v. DAVENPORT

No. 2462.

467 S.E.2d 258 (1996)

The STATE, Respondent, v. Avery DAVENPORT, Appellant.

Court of Appeals of South Carolina.

Decided February 5, 1996.

Attorney(s) appearing for the Case

Assistant Appellate Defender Lisa T. Gregory, of the SC Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorneys General Rakale B. Smith and Caroline E. Callison, Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.

CONNOR, Judge:

An Orangeburg County jury convicted Avery Davenport of criminal sexual conduct, first degree. The trial judge sentenced him to thirty years. Davenport appeals. We reverse and remand for a new trial.

I. Facts

During December 1992 Valerie Dyches, the victim, lived with her sister, Cynthia McDonald, in a two-bedroom mobile home in Orangeburg. Dyches did not personally know Davenport. Davenport got Dyches's phone number from the back of...

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