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STATE v. MARTUCCI

No. 4438.

380 S.C. 232 (2008)

669 S.E.2d 598

The STATE, Respondent, v. Mark A. MARTUCCI, Appellant.

Court of Appeals of South Carolina.

Decided September 24, 2008.

Rehearing Denied December 19, 2008.

Attorney(s) appearing for the Case

Appellate Defender Elizabeth A. Franklin, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.

ANDERSON, J.:

Mark A. Martucci (Martucci) appeals his conviction for homicide by child abuse. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

Martucci lived with Brandi Holder (Holder) and her two-year old son (Child) in July 2002. Child died on Wednesday, July 17, 2002. Martucci and Holder were indicted for homicide by child abuse under Section 16-3-85 of the South Carolina Code. Martucci did not appear for trial and was tried in his absence February...

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