CAPROOD v. STATE

No. 25039.

338 S.C. 103 (2000)

525 S.E.2d 514

Robert J. CAPROOD, Respondent, v. The STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided January 4, 2000.

Rehearing Denied February 3, 2000.


Attorney(s) appearing for the Case

J.D. Bryan, of Walterboro, for respondent.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Teresa A. Knox, Assistant Attorney General J. Benjamin Aplin, of Office of the Attorney General, of Columbia, for petitioner.


BURNETT, Justice:

Respondent was convicted of armed robbery. His direct appeal was dismissed. His petition for post-conviction relief (PCR) was granted. We affirm in part, reverse in part, and remand for a new trial.

FACTUAL/PROCEDURAL BACKGROUND

On May 20, 1993 between 3:00 and 4:00 in the afternoon, a man entered a Texaco convenience store directly off Interstate 95 in Colleton County. Ruth Filmon, the employee on duty, was behind the counter stocking...

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