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STATE v. BURDETTE

No. 24929.

335 S.C. 34 (1999)

515 S.E.2d 525

The STATE, Respondent, v. John Samuel BURDETTE, Appellant.

Supreme Court of South Carolina.

Decided April 5, 1999.

Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Caroline Callison Tiffin; and Solicitor Warren B. Giese, all of Columbia, for respondent.

TOAL, Justice:

John Samuel Burdette ("Defendant") appeals his convictions for assault and battery of a high and aggravated nature (ABHAN), first degree burglary, and his mandatory life sentence without parole imposed under S.C.Code Ann. § 17-25-45 (Supp.1998). We affirm.

FACTUAL/PROCEDURAL BACKGROUND

At approximately 7:00 p.m. on February 13, 1996, Defendant and his accomplice Don Robinson entered the house of Nathan Tarte ("Victim"), age 95...

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