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STATE v. POWERS

No. 24804.

331 S.C. 37 (1998)

501 S.E.2d 116

The STATE, Respondent, v. Ted Benjamin POWERS, Appellant.

Supreme Court of South Carolina.

Decided June 8, 1998.

Rehearing Denied July 6, 1998.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, and Deputy Chief Attorney Joseph L. Savitz, both of the 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:

Powers was convicted of murder, first degree burglary, and assault and battery with intent to kill (ABIK). He was respectively sentenced to death, life imprisonment and twenty years. We consolidate Powers' direct appeal with our mandatory review of his death sentence. We affirm.

FACTS

In the early morning hours of September 8, 1990, Powers, then 16 years old, broke into the home of 68 year old Yeoman Senn (Victim) and his wife Linnie...

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