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STATE v. HUGHES

No. 3369.

346 S.C. 339 (2001)

552 S.E.2d 35

The STATE, Respondent, v. Don L. HUGHES, Appellant.

Court of Appeals of South Carolina.

Heard June 6, 2001.

Decided July 9, 2001.

Rehearing Denied August 22, 2001.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, and Assistant Appellate Defender Eleanor Duffy Cleary, both of SC Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Walter M. Bailey, of Summerville, for respondent.

HEARN, C.J.:

Don L. Hughes appeals from his conviction for two counts of criminal sexual conduct with a minor in the second degree. He contends the trial court erred in (1) failing to permit defense counsel to inspect notes used by a key prosecution witness to refresh her memory before trial and (2) failing to make the notes part of the record for appeal. We reverse the trial court's ruling with respect to the notes and remand...

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