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STATE v. JENKINS

No. 4958.

398 S.C. 215 (2012)

727 S.E.2d 761

The STATE, Respondent, v. Daniel J. JENKINS, Appellant.

Court of Appeals of South Carolina.

Decided March 28, 2012.

Withdrawn, Substituted, and Refiled June 20, 2012.

Attorney(s) appearing for the Case

Appellate Defender Kathrine H. Hudgins , of Columbia, for Appellant.

Attorney General Alan M. 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 Scarlett Anne Wilson , of Charleston, for Respondent.

FEW, C.J.

Daniel Jenkins appeals his conviction for criminal sexual conduct in the first degree. Jenkins argues the trial court erred in denying his motion to suppress DNA test results because the affidavit offered in support of the search warrant for samples of his DNA did not meet the constitutional and statutory requirements for issuance of the warrant. We agree. We remand the case to the trial court for a factual determination of whether the inevitable discovery...

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