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STATE v. JAMES

No. 4650.

386 S.C. 650 (2010)

689 S.E.2d 643

The STATE, Respondent, v. Wiley Post JAMES, Appellant.

Court of Appeals of South Carolina.

Decided February 11, 2010.

Attorney(s) appearing for the Case

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

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General A. West Lee, all of Columbia; Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.

WILLIAMS, J.

James appeals his conviction for distribution of cocaine base, arguing the trial court failed to instruct the jury on mere presence because evidence was presented that tended to show James was present but did not sell drugs. We affirm.

FACTS

On September 14, 2005, Officer Beth Foxworth (Foxworth) of the Sumter County police department was working undercover near the Clarendon County line in search of persons selling crack cocaine. A...

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