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STATE v. FRIPP

No. 4956.

397 S.C. 455 (2012)

725 S.E.2d 136

The STATE, Respondent, v. Diamon D. FRIPP, Appellant.

Court of Appeals of South Carolina.

Decided March 21, 2012.

Rehearing Denied May 3, 2012.

Attorney(s) appearing for the Case

Robert M. Pachak , of Columbia and Jared Sullivan Newman , of Port Royal, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , and Senior Assistant Attorney General Harold M. Coombs, Jr. , all of Columbia; and Solicitor I. McDuffie Stone, III , of Beaufort, for Respondent.

KONDUROS, J.

Diamon Fripp appeals his conviction for trafficking in cocaine. He maintains the trial court erred in admitting a statement he made to police and evidence of money and stones discovered during the search incident to his arrest for evading arrest. He also argues the trial court erred in charging the jury on both actual possession of drugs and constructive possession. We reverse and remand.

FACTS

Beaufort County Sheriff's officer Sergeant...

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