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STATE v. SMITH

No. 3087.

338 S.C. 66 (1999)

525 S.E.2d 263

The STATE, Respondent, v. Kevin SMITH, Appellant. (95-GS-40-03704, 40-03706, 40-03707, 40-03708, 40-04282 and 40-11556). The State, Respondent, v. Sheldon Crawford, Appellant. (95-GS-40-3717, 40-3719, 40-3720, 40-3721 and 40-4975).

Court of Appeals of South Carolina.

Decided December 6, 1999.

Rehearing Denied January 29, 2000.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey, Assistant Appellate Defender Melody Brown, both of SC Office of Appellate Defense, of Columbia, for appellant Kevin Smith.

Assistant Appellate Defenders Robert M. Dudek, Melody Brown, both of SC Office of Appellate Defense, of Columbia, for appellant Sheldon Crawford.

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

CONNOR, Judge:

A jury convicted Kevin Smith and Sheldon Crawford of numerous offenses stemming from a riot at the Broad River Correctional Institution. Both appeal, arguing the trial court erred in refusing to replace a juror who appeared to be sleeping during their trial. We affirm.

FACTS/PROCEDURAL HISTORY

On the morning of April 17, 1995, Willie Leggins, a yard officer at the Broad River Correctional Institution, received a radio report of an...

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