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STATE v. JOHNSON

No. 4927.

396 S.C. 424 (2012)

721 S.E.2d 786

The STATE, Appellant, v. John Porter JOHNSON, Respondent.

Court of Appeals of South Carolina.

Decided January 4, 2012.

Rehearing Denied February 16, 2012.

Attorney(s) appearing for the Case

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , Assistant Attorney General Mark R. Farthing , all of Columbia; and Solicitor Barry J. Barnette , of Spartanburg, for Appellant.

Ralph Keith Kelly , of Spartanburg, for Respondent.

HUFF, J.

The State appeals an order of the circuit court reversing John Porter Johnson's conviction of driving under the influence (DUI) on the basis of an alleged insufficiency in the number of potential jurors from which to draw a jury for Johnson's trial in magistrate court. We reverse the circuit court order and reinstate Johnson's conviction.

FACTUAL/PROCEDURAL BACKGROUND

The facts of this case are undisputed. Johnson was arrested on August...

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