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STATE v. SIMUEL

No. 3735.

357 S.C. 378 (2004)

593 S.E.2d 178

The STATE, Respondent, v. Alvin SIMUEL, Appellant.

Court of Appeals of South Carolina.

Decided February 2, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia; for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General, Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, of Columbia; Solicitor Warren Blair Giese, of Columbia; for Respondent.

HEARN, C.J.:

Alvin Simuel was convicted and sentenced to thirty months imprisonment for escaping from the Kirkland Correctional Center. He appeals, asserting the trial judge erred in sentencing him to an enhanced penalty when the enhancement element was neither charged in the indictment nor submitted to the jury. We reverse and remand.

FACTS

While serving a fifteen-year sentence for armed robbery, Simuel escaped from the Kirkland Correctional Center...

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