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STATE v. MCINTOSH

No. 25808.

358 S.C. 432 (2004)

595 S.E.2d 484

The STATE, Respondent, v. Martin McINTOSH, Petitioner.

Supreme Court of South Carolina.

Decided April 19, 2004.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek of the South Carolina Office of Appellate Defense, of Columbia, and John M. Ervin, III, of Darlington, for Petitioner.

Attorney General Henry Dargan McMaster, 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 Jay E. Hodge, Jr., of Darlington, for Respondent.

Justice BURNETT:

Martin McIntosh (Petitioner) was convicted of murder, kidnapping, first degree criminal sexual conduct, and criminal conspiracy in a joint trial with five co-defendants.1 The Court of Appeals' unpublished opinion affirmed Petitioner's convictions for murder, kidnapping, and criminal conspiracy and reversed the criminal sexual conduct conviction because there was no evidence Petitioner sexually assaulted Darlene Patterson...

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