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STATE v. JACKSON

23264

302 S.C. 313 (1990)

396 S.E.2d 101

The STATE, Respondent v. Stephen Pierce JACKSON, Appellant.

Supreme Court of South Carolina.

Decided September 17, 1990.

Attorney(s) appearing for the Case

John R. Clarke and William Isaac Diggs, North Myrtle Beach, for appellant.

Attorney Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Norman Mark Rapoport, Columbia, and Sol. James O. Dunn, Conway, for respondent.

Heard May 23, 1990.

Decided Sept. 17, 1990.

TOAL, Justice:

The sole issue in this case is whether Jackson's due process rights were violated when he was prosecuted for driving under the influence (DUI) after the charges had been dismissed and the videotape had been destroyed. We find that they were and therefore reverse.

FACTS

On September 17, 1988, Stephen Pierce Jackson was arrested for...

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