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STATE v. FREY

No. 3878.

362 S.C. 511 (2004)

608 S.E.2d 874

The STATE, Respondent, v. Timothy Scott FREY, Appellant.

Court of Appeals of South Carolina.

Decided October 25, 2004.

Withdrawn, Substituted and Refiled January 25, 2005.

Attorney(s) appearing for the Case

Ricky Keith Harris, of Spartanburg, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

ORDER

PER CURIAM:

The State has petitioned for a rehearing and argues our prior opinion was incorrect in several particulars. While we deny the petition for rehearing, we briefly address the State's contentions.

The State argues initially that the record establishes its compliance with the statutory mandate requiring that "[b]lood and urine samples must be obtained by physicians licensed by the State Board of Medical Examiners, registered nurses...

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