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STATE v. SIMMONS

No. 25838.

360 S.C. 33 (2004)

599 S.E.2d 448

The STATE, Respondent, v. Kenneth SIMMONS, Appellant.

Supreme Court of South Carolina.

Decided June 14, 2004.

Rehearing Denied August 9, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defenders Robert M. Dudek and Eleanor Duffy Cleary, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, of Columbia; and Solicitor Walter M. Bailey, of Summerville, for respondent.

Acting Justice KITTREDGE:

Kenneth Simmons was convicted of murder, first degree burglary, armed robbery, and first degree criminal sexual conduct. He was sentenced to death and given consecutive sentences of life and two thirty-year terms on the remaining charges. We reverse the conviction and sentence for armed robbery, but otherwise affirm Simmons' convictions and sentences.

FACTS

On September 1, 1996,...

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