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STATE v. TORRES

No. 26904.

390 S.C. 618 (2010)

703 S.E.2d 226

The STATE, Respondent, v. Andres Antonio TORRES, Appellant.

Supreme Court of South Carolina.

Decided December 13, 2010.

Attorney(s) appearing for the Case

Senior Appellate Defender Joseph L. Savitz, III , South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka , and Assistant Attorney General Brendan J. McDonald , Office of the Attorney General, all of Columbia; Harold W. Gowdy, III , Seventh Circuit Solicitor's Office, of Spartanburg, for Respondent.

Justice HEARN.

Anthony Andres Torres ("Torres") appeals the circuit court's admission into evidence of autopsy photographs and a videotape recording during the sentencing phase of his capital murder trial. Torres contends the photographs should have been excluded based on South Carolina Rule of Evidence 403, and the videotape recording should have been excluded based on either Rule 403 or Section 16-3-25(C)(1) of the South Carolina Code (2003). We affirm.

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