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STATE v. TUBBS

No. 24873.

333 S.C. 316 (1999)

509 S.E.2d 815

The STATE, Petitioner, v. Bruce Howard TUBBS, Respondent.

Supreme Court of South Carolina.

Decided January 4, 1999.

Rehearing Denied January 21, 1999.

Attorney(s) appearing for the Case

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General G. Robert Deloach, III, and Solicitor Thomas E. Pope, of the Sixteenth Circuit, for petitioner.

Chief Attorney Daniel T. Stacey, and Assistant Appellate Defender Melissa J. Reed Kimbrough, all of South Carolina Office of Appellate Defense, for respondent.

TOAL, Justice:

In this criminal matter, we granted the State's petition for a writ of certiorari to review the Court of Appeals' unpublished opinion in State v. Tubbs, 97-UP-334 (Ct.App. filed May 19, 1997). The defendant in this case, Bruce Tubbs ("Defendant"), was convicted of burglary in the first degree and assault and battery with intent to kill.

FACTUAL/PROCEDURAL BACKGROUND

The victim, Stephen...

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