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STATE v. RIVERA

No. 26877.

389 S.C. 399 (2010)

699 S.E.2d 157

The STATE, Petitioner, v. Marlon RIVERA, Respondent.

Supreme Court of South Carolina.

Decided September 7, 2010.

Rehearing Denied October 7, 2010.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka , Senior Assistant Attorney General S. Creighton Waters , all of Columbia; and Solicitor Robert Mills Ariail , of Greenville, for Petitioner.

Chief Appellate Defender Robert M. Dudek , of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Chief Justice TOAL:

In this case, the Court granted a writ of certiorari to review the court of appeals' decision in State v. Rivera, Op. No.2008-UP-187 (S.C. Ct.App. filed March 18, 2008).

FACTS/PROCEDURAL BACKGROUND

At about 12:30 a.m. on July 18, 2005, law enforcement officers were called to the scene of a shooting outside a Greenville, South Carolina night club. Upon arrival, the officers found Wilfredo Solis Monge (Victim), lying on the...

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