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STATE v. STONE

No. 25494.

350 S.C. 442 (2002)

567 S.E.2d 244

The STATE, Respondent, v. Bobby Wayne STONE, Appellant.

Supreme Court of South Carolina.

Decided July 15, 2002.

Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of 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 Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor C. Kelly Jackson, of Sumter, for respondent.

Justice WALLER.

Appellant, Bobby Wayne Stone, was convicted of murder, first-degree burglary, and possession of a weapon during a violent crime. He was sentenced to death for murder, and consecutively sentenced to thirty years for burglary, and five years for possession of a weapon. We affirm the convictions, but reverse Stone's death sentence and remand for a new sentencing proceeding.

FACTS

Shortly before 7:00 p.m. on February 26, 1996, Ruth Griffith...

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