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STATE v. TIMMONS

No. 25461.

349 S.C. 389 (2002)

563 S.E.2d 657

The STATE, Respondent, v. Alfred TIMMONS, Petitioner.

Supreme Court of South Carolina.

Decided May 6, 2002.

Rehearing Denied May 29, 2002.

Attorney(s) appearing for the Case

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

Attorney General Charles M. Condon, Chief Deputy Attorney General John M. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of Columbia, and Solicitor Edgar L. Clements, III, of Florence, for respondent.

PLEICONES, Justice:

We granted Alfred Timmons' petition for writ of certiorari to consider the Court of Appeals' determination that possession of cocaine is a lesser included offense of possession of crack cocaine. We affirm.

FACTS/PROCEDURAL HISTORY

Petitioner ("Timmons") was indicted for shoplifting, fifteenth offense, and possession of crack cocaine after police arrested him in the parking lot...

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