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STATE v. PINCKNEY

No. 25054.

339 S.C. 346 (2000)

529 S.E.2d 526

The STATE, Petitioner, v. Mikell PINCKNEY, Respondent.

Supreme Court of South Carolina.

Decided January 24, 2000.

Refiled March 13, 2000.

Attorney(s) appearing for the Case

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 Donald V. Myers, of Lexington, for petitioner.

Robert M. Pachak, of South Carolina Office of Appellate Defense, of Columbia, for respondent.

ORDER

The opinion heretofore filed in this case, Opinion No. 25054, filed January 24, 2000, is withdrawn and the attached opinion is substituted in its place. Respondent's petition for rehearing is denied.

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

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