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STATE v. CABRERA-PENA

No. 25893.

361 S.C. 372 (2004)

605 S.E.2d 522

The STATE, Respondent, v. Reyes CABRERA-PENA, Petitioner.

Supreme Court of South Carolina.

Decided November 8, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Acting Justice MACAULAY.

The Court granted a writ of certiorari to review the Court of Appeals' opinion in State v. Cabrera-Pena, 350 S.C. 517, 567 S.E.2d 472 (Ct.App.2002). We affirm in result.

FACTS

On June 30, 1999, Reyes Cabrera-Pena (Cabrera-Pena) went to an Applebee's restaurant in Spartanburg where his estranged wife Alma was dining with three of her friends and the...

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