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STATE v. PHILLIPS

No. 27190.

400 S.C. 460 (2012)

734 S.E.2d 650

The STATE, Petitioner, v. Lawrence PHILLIPS, Respondent.

Supreme Court of South Carolina.

Decided November 21, 2012.

Attorney(s) appearing for the Case

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , Senior Assistant Deputy Attorney General Deborah R.J. Shupe , all of Columbia; and Solicitor Isaac McDuffie Stone, III , of Bluffton, for Petitioner.

Appellant Defender Breen Richard Stevens , of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

PER CURIAM.

The State appeals the Court of Appeals' decision invalidating respondent's sentence of life without parole. We grant the petition for certiorari, dispense with further briefing, and affirm as modified.

FACTS

Respondent was convicted of second-degree arson and sentenced to life without parole (LWOP). The Court of Appeals affirmed the second-degree arson conviction, but reversed and remanded as to the LWOP sentence finding the use of a...

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