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STATE v. DICAPUA

No. 4239.

373 S.C. 452 (2007)

646 S.E.2d 150

The STATE, Appellant, v. Jeremiah DICAPUA, Respondent.

Court of Appeals of South Carolina.

Decided April 23, 2007.

Rehearing Denied June 28, 2007.

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, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Appellant.

Appellate Defender Eleanor Duffy Cleary, of Columbia, for Respondent.

GOOLSBY, J.

The State appeals the trial court's sua sponte grant of a new trial to the respondent Jeremiah Dicapua following his convictions for distribution of crack cocaine and possession with intent to distribute crack cocaine. We reverse and reinstate Dicapua's sentence.

FACTS

On October 16, 2003, the Horry County Police Department and Myrtle Beach Police Department organized a sting operation in Myrtle Beach. They rented connecting rooms...

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