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STATE v. CHEATHAM

No. 3453.

349 S.C. 101 (2002)

561 S.E.2d 618

The STATE, Respondent, v. Lionel CHEATHAM, Appellant.

Court of Appeals of South Carolina.

Decided February 25, 2002.

Rehearing Denied April 18, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Katherine Carruth Link, of the South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Assistant Attorney General Christie Newman Barrett, all of Columbia; and Solicitor Ralph E. Hoisington, of North Charleston, for respondent.

ANDERSON, Judge:

Lionel Cheatham was convicted of first degree burglary and sentenced to twenty years imprisonment. He raises three issues on appeal. We remand, finding the trial court erred in refusing to conduct a pretrial hearing on identification matters.

FACTS/PROCEDURAL BACKGROUND

At approximately 7:30 p.m. on February 9, 1999, the victim, Kalpna Patel, and her infant were in their apartment. The sliding glass door on the patio was left...

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