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BANNISTER v. STATE

No. 24869.

333 S.C. 298 (1998)

509 S.E.2d 807

Benjamin BANNISTER, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided December 14, 1998.

Rehearing Denied January 7, 1999.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Teresa A. Knox, all of Columbia, for petitioner.

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

BURNETT, Justice:

We granted the State a writ of certiorari to review the post-conviction (PCR) judge's grant of a new trial to respondent. We reverse.

FACTS

Respondent was indicted on charges of first degree burglary and assault with intent to commit first degree criminal sexual conduct (CSC). A jury convicted him of burglary but acquitted him of CSC.

At trial, the State produced evidence on May 30, 1993, respondent kicked open the...

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