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STATE v. BENNETT

No. 24718.

328 S.C. 251 (1997)

493 S.E.2d 845

The STATE, Respondent, v. Johnny O'Landis BENNETT, Jr., Appellant.

Supreme Court of South Carolina.

Decided December 1, 1997.

Attorney(s) appearing for the Case

Daniel T. Stacey, Chief Attorney, South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles M. Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, Columbia, and Solicitor Donald V. Myers, Lexington, for respondent.

WALLER, Justice:

Appellant, Johnny O'Landis Bennett (Bennett), was convicted of murder, kidnaping, armed robbery and grand larceny. He was sentenced to death for the murder, and consecutively sentenced to 25 years, and 5 years for armed robbery and larceny. We affirm the convictions but reverse and remand for a new sentencing proceeding.

FACTS

The victim in this case, 24 year old Benton Smith (Victim), disappeared...

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