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STATE v. ROGERS

No. 25032.

338 S.C. 435 (2000)

527 S.E.2d 101

The STATE, Respondent, v. Timothy D. ROGERS, Appellant.

Supreme Court of South Carolina.

Decided January 24, 2000.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor Walter M. Bailey, Jr., of Summerville, for respondent.

ORDER

We grant the Petition for Rehearing to review our decision in State v. Rogers, Op. No. 25032 (S.C.Sup.Ct. filed Dec. 6, 1999) (Shearouse Adv. Sh. No. 37 at 63). That opinion is withdrawn and the attached opinion is substituted in its place.

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

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