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STATE v. McGEE

No. 5227.

408 S.C. 278 (2014)

758 S.E.2d 730

The STATE, Respondent, v. Frankie Lee McGEE, Appellant.

Court of Appeals of South Carolina.

Decided April 30, 2014.

Rehearing Denied June 19, 2014.

Attorney(s) appearing for the Case

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

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Donald J. Zelenka , Assistant Attorney General J. Anthony Mabry , and Solicitor Daniel Edward Johnson , all of Columbia, for Respondent.

KONDUROS, J.

In this criminal case, Frankie Lee McGee appeals his convictions of murder and burglary, arguing the trial court erred in admitting identification testimony based on a single photo lineup, as it was unduly suggestive and inherently unreliable. He also contends the trial court erred in admitting evidence of the theft of a vehicle as part of the res gestae of the murder. We affirm.

FACTS

On the night of May 3, 2009, Temika Ashford was...

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