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STATE v. SMITH

No. 2746.

328 S.C. 622 (1997)

493 S.E.2d 506

The STATE, Respondent, v. Anthony Evett SMITH, Appellant.

Court of Appeals of South Carolina.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., Columbia, Solicitor Dudley Saleeby, Jr., Florence, for respondent.

HOWELL, Chief Judge:

Anthony Evett Smith appeals from his conviction for thirdoffense driving under the influence. We affirm.

I.

Chief Fore of the Sellers police department arrived at the scene of a single-car accident on Highway 301, approximately 1½ miles outside the town of Sellers. The vehicle had left the road and landed in a ditch about a foot away from a light pole. When Fore arrived at the scene, he saw Smith pulling up and chewing on...

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