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STATE v. MCMILLIAN

No. 25430.

349 S.C. 17 (2002)

561 S.E.2d 602

STATE of South Carolina, Respondent, v. Tracy McMILLIAN, Petitioner.

Supreme Court of South Carolina.

Decided March 18, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Tara S. Taggart, of S.C. Office of Appellate Defense, of Columbia, for petitioner.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan, Senior Assistant Attorney General Harold M. Coombs, Jr., and Solicitor Warren B. Giese, all of Columbia, for respondent.

PER CURIAM:

We granted a writ of certiorari to review the Court of Appeals' unpublished opinion in State v. McMillian, Op. No. 2000-UP-257 (S.C. Ct.App. filed April 5, 2000). We reverse and remand for a new trial.

FACTS

Petitioner, Tracy McMillian, was indicted for first-degree burglary in regard to the May 25, 1996 burglary of the residence of his cousin, Diane Macon. He was initially tried on January 5-6, 1998. McMillian's first trial resulted...

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