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STATE v. COBB

No. 3460.

349 S.C. 126 (2002)

561 S.E.2d 631

The STATE, Respondent, v. Roger Dale COBB, Appellant.

Court of Appeals of South Carolina.

Decided March 11, 2002.

Rehearing Denied April 18, 2002.

Certiorari Granted August 7, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek 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 Charles H. Richardson, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for respondent.

GOOLSBY, Judge:

Roger Dale Cobb appeals his sentence for distribution of marijuana, arguing the trial judge erred in failing to sentence him pursuant to S.C.Code Ann. section 44-53-460 (2002). We affirm.

FACTUAL/PROCEDURAL BACKGROUND

The victim, a sixteen year old minor, testified that Cobb drove her and a girlfriend, also a minor, to his home in August of 1998. At the victim's request, Cobb permitted her to take marijuana from a black tin can on...

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