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STATE v. SMALLS

No. 3020.

336 S.C. 301 (1999)

519 S.E.2d 793

The STATE, Respondent, v. John H. SMALLS, Appellant.

Court of Appeals of South Carolina.

Decided June 28, 1999.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey and Assistant Appellate Defender Melody J. Brown, both of SC 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 and Senior Assistant Attorney General Charles H. Richardson, all of Columbia; and Solicitor David P. Schwacke, of North Charleston, for respondent.

HUFF, Judge:

A jury convicted John Smalls of first degree burglary and attempted grand larceny, and the trial court sentenced him to concurrent terms of fifteen and five years, respectively. Smalls appeals, arguing the trial court erred in finding the defense violated Batson and in refusing to dismiss the burglary indictment on grounds of subject matter jurisdiction. We reverse and remand.

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