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ELLENBURG v. STATE

No. 26091.

367 S.C. 66 (2006)

625 S.E.2d 224

Stephen Ray ELLENBURG, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Decided January 9, 2006.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christopher L. Newton, all of Columbia, for petitioner.

Tara Dawn Shurling, of Columbia, for respondent.

Justice MOORE:

This case is before us on a writ of certiorari to review the lower court's order granting post-conviction relief (PCR). We reverse.

FACTS

Respondent was convicted of safecracking, second degree burglary, and petit larceny for robbing a Subway Sandwich Shop where he was formerly employed. The robbery occurred on April 29, 1997, after the store closed and the last employee had left at 1:15 a.m. The store alarm set automatically at 2...

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