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STATE v. PEAKE

No. 3327.

345 S.C. 72 (2001)

545 S.E.2d 840

The STATE, Appellant, v. John PEAKE, Respondent.

Court of Appeals of South Carolina.

Decided April 9, 2001.

Rehearing Denied May 23, 2001.

Certiorari Granted October 11, 2001.

Attorney(s) appearing for the Case

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Norman Mark Rapoport, and Special Assistant Attorney General Alexander G. Shissias, all of Columbia, for appellant.

John Hawkins, of Lister & Hawkins, of Spartanburg, for respondent.

HOWARD, Judge:

John Peake was indicted by the Grand Jury of Greenwood County for violating the Pollution Control Act. S.C.Code Ann. § 48-1-10 to -350 (1987 & Supp.2000). Following a pre-trial hearing, the circuit court dismissed the indictment, concluding the Department of Health and Environmental Control (DHEC) had entered into a binding agreement on behalf of the State to forego criminal prosecution of Peake in...

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