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STATE v. CHERRY

No. 3406.

348 S.C. 281 (2001)

559 S.E.2d 297

The STATE, Respondent, v. Yukoto Eugene CHERRY, Appellant.

Court of Appeals of South Carolina.

Decided November 13, 2001.

Rehearing Denied February 22, 2002.

Attorney(s) appearing for the Case

Jeanne A. Pearson, of Kennedy, Covington, Lobdell & Hickman; Thomas F. McDow, both of Rock Hill; and Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General Toyya Brawley Gray, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.

STILWELL, J.

Yukoto Eugene Cherry appeals his conviction for possession of crack cocaine with intent to distribute. Cherry raises six issues on appeal. A three judge panel of this court was unanimous in rejecting four of the six issues raised by Cherry, but was divided on the remaining two. One judge voted to affirm the conviction, one voted to reverse based on Cherry's entitlement to a directed verdict, and the third voted to reverse and grant a new trial based on...

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