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STATE v. LIVINGSTON

No. 24640.

327 S.C. 17 (1997)

488 S.E.2d 313

The STATE, Respondent, v. Aundray E. LIVINGSTON, Appellant.

Supreme Court of South Carolina.

Decided June 30, 1997.

Rehearing Denied August 8, 1997.

Attorney(s) appearing for the Case

James H. Moss, of Moss & Kuhn, P.A., Beaufort, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General G. Robert Deloach, III, Columbia, and Solicitor Randolph Murdaugh, III, Hampton, for respondent.

MOORE, Justice.

Appellant was convicted of felony driving under the influence (DUI) and sentenced to twenty-five years imprisonment. We reverse.

FACTS

Appellant was driving in Beaufort County at 11:00 p.m. on July 31, 1995. He turned a corner at a high rate of speed onto a street and lost control of his car. He hit the victim's car, killing her instantly. Prior to being taken to the hospital, he emptied...

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