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STATE v. HARRIS

No. 3218.

342 S.C. 191 (2000)

535 S.E.2d 652

The STATE, Respondent, v. Johnny Harold HARRIS, a/k/a Johnny Harold Miller, Appellant.

Court of Appeals of South Carolina.

Decided July 17, 2000.

Rehearing Denied September 30, 2000.

Attorney(s) appearing for the Case

Jack B. Swerling, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Jonathan E. Ozmint and Assistant Attorney Generals Anne Hunter Young and John P. Riordan, all of State Grand Jury, for respondent.

HOWARD, Judge:

In this State Grand Jury prosecution, Johnny Harold Harris, a/k/a/ Johnny Harold Miller (Miller) appeals his conviction and sentence for conspiracy to traffic in 400 or more grams of cocaine in violation of S.C.Code Ann. § 44-53-370(e)(2)(e) (Supp.1999). On appeal, Miller asserts his prosecution for conspiracy violates S.C.Code Ann. § 44-53-410 (1985), which bars prosecution for the same act if it has previously led to conviction or acquittal...

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