STATE v. LEE

No. 3860.

360 S.C. 530 (2004)

602 S.E.2d 113

The STATE, Respondent, v. Larry LEE, Appellant.

Court of Appeals of South Carolina.

Decided August 23, 2004.

Rehearing Denied September 23, 2004.


Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent.


CURETON, Acting Judge:

Larry Lee appeals his convictions for four counts of first-degree criminal sexual conduct (CSC) with a minor and one count of lewd act upon a child. Lee asserts the State violated his Fifth Amendment guarantee of due process of law through excessive pre-indictment delay.1 For the reasons set forth below, we vacate Lee's convictions.

FACTS

Diana Baldwin...

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