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STATE v. CARLSON

No. 3948.

363 S.C. 586 (2005)

611 S.E.2d 283

The STATE, Respondent, v. Russell Carl CARLSON, Appellant.

Court of Appeals of South Carolina.

Decided February 22, 2005.

Rehearing Denied April 21, 2005.

Attorney(s) appearing for the Case

Gene McCain Connell, Jr., of Surfside Beach, 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, Office of the Attorney General, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

ANDERSON, J.:

Russell Carl Carlson appeals his convictions for assault and battery with intent to kill and first degree burglary. We affirm.1

FACTUAL/PROCEDURAL BACKGROUND

Junior DeWitt lived with his fiancee, Stephanie Davis, and her two children. One morning, as Davis's daughter was getting ready for school, two men entered DeWitt's home wearing all black and carrying guns. DeWitt was in bed asleep when he was...

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