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STATE v. PRIMUS

No. 3214.

341 S.C. 592 (2000)

535 S.E.2d 152

The STATE, Respondent, v. James Anthony PRIMUS, Appellant.

Court of Appeals of South Carolina.

Decided July 10, 2000.

Rehearing Denied September 2, 2000.

Attorney(s) appearing for the Case

Chief Attorney Daniel T. Stacey and Assistant Appellate Defender Katherine Carruth Link, both of South Carolina Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Caroline Callison Tiffin and Assistant Attorney General J. Benjamin Aplin, all of Columbia; and Solicitor Walter M. Bailey, of Summerville, for Respondent.

ANDERSON, Judge:

James Anthony Primus was convicted of kidnapping and assault and battery of a high and aggravated nature (ABHAN). He was sentenced to thirty years for kidnapping and ten consecutive years for ABHAN. On appeal, Primus argues the trial court erred in permitting the Assistant Solicitor to comment on Primus' failure to produce evidence in his defense. We reverse.

FACTS/PROCEDURAL BACKGROUND

Primus was charged with first degree...

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