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STATE v. MORGAN

No. 26116.

367 S.C. 615 (2006)

626 S.E.2d 888

The STATE, Respondent, v. Eric Dale MORGAN, Appellant.

Supreme Court of South Carolina.

Decided February 21, 2006.

Attorney(s) appearing for the Case

Acting Chief Attorney Joseph L. Savitz, III, of the South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Harold W. Gowdy, III, of Spartanburg, for respondent.

Acting Chief Justice MOORE:

Pursuant to Roper v. Simmons, 543 U.S. 551, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005), we vacate appellant's sentence of death and remand to the trial court for re-sentencing.

FACTS

Appellant was charged with murder, armed robbery, and possession of an explosive device. The charges resulted from the murder and armed robbery of a convenience...

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