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BENNETT v. STATE

No. 26658.

383 S.C. 303 (2009)

680 S.E.2d 273

Jack R. BENNETT, Respondent, v. STATE of South Carolina, Petitioner.

Supreme Court of South Carolina.

Re-filed July 13, 2009.

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, Assistant Attorney General Karen Ratigan, all of Columbia, for Petitioner.

Division of Appellate Defense, of Columbia, and Susannah Conyers Ross, of Ross & Enderlin, of Greenville, for Respondent.

ORDER

The opinion previously filed in this matter on June 1, 2009 is hereby withdrawn, and the attached opinion is substituted in its place.

IT IS SO ORDERED.

/s/ Jean H. Toal, C.J. /s/ John H. Waller, Jr., J. /s/ Costa M. Pleicones, J. /s/ Donald W. Beatty, J. /s/ John W. Kittredge, J.

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