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STATE v. FENNELL

No. 25097.

340 S.C. 266 (2000)

531 S.E.2d 512

The STATE, Respondent, v. John Bennett FENNELL, Appellant.

Supreme Court of South Carolina.

Filed March 27, 2000.

Refiled May 1, 2000.

Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen P. Clare of the South Carolina Office of Appellate Defense, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Jeffrey A. Jacobs, all of Columbia, and Solicitor John R. Justice of Chester, for respondent.

ORDER

We withdraw State v. Fennell, Op. No. 25097 (S.C. Sup.Ct. filed March 27, 2000) (Shearouse Adv. Sh. No. 12 at 43). We hereby substitute in its place the attached opinion.

IT IS SO ORDERED.

/s/ Jean H. Toal, C.J. /s/ James E. Moore, J. /s/ John H. Waller, Jr., J. /s/

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