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STATE v. BULLARD

No. 3442.

348 S.C. 611 (2002)

560 S.E.2d 436

The STATE, Respondent, v. Dwayne L. BULLARD, Appellant.

Court of Appeals of South Carolina.

Decided February 4, 2002.

Rehearing Denied March 20, 2002.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Pachak, 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 Robert E. Bogan, Assistant Attorney General Toyya Brawley Gray, all of Columbia and Solicitor J. Gregory Hembree, of Conway, for respondent.

HOWARD, J.

Dwayne L. Bullard appeals his conviction for armed robbery, asserting the indictment charged him with attempted armed robbery and therefore, did not confer subject matter jurisdiction on the trial court. We agree and vacate Bullard's conviction.

FACTS/PROCEDURAL HISTORY

Bullard was tried in absentia in August 1999 for armed robbery. He was convicted, and upon being apprehended, a sentence of thirteen years in prison was imposed...

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