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STATE v. GAMBLE

No. 27307.

405 S.C. 409 (2013)

747 S.E.2d 784

STATE of South Carolina, Respondent, v. Ervin GAMBLE, Petitioner.

Supreme Court of South Carolina.

Decided August 28, 2013.

Attorney(s) appearing for the Case

Jerry Leo Finney and Stephanie Ruotolo Fajardo , both of The Finney Law Firm, Incorporated, of Columbia, for Petitioner.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General William M. Blitch, Jr., all of Columbia, and Solicitor John Gregory Hembree , of North Myrtle Beach, for Respondent.

Chief Justice TOAL.

Ervin C. Gamble (Petitioner) challenges his conviction for heroin trafficking. We reverse.

FACTUAL/PROCEDURAL HISTORY

On September 28, 2008, the Horry County Grand Jury indicted Petitioner for "attempt to distribute heroin" and "trafficking in heroin," in violation of sections 44-53-110 and -370 of the South Carolina Code, respectively.1 However, at trial, the State elected to proceed only on the indictment...

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