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STATE v. McCLUNEY

No. 25909.

361 S.C. 607 (2004)

606 S.E.2d 485

The STATE, Petitioner, v. Larry Dean McCLUNEY, Respondent.

Supreme Court of South Carolina.

Decided December 6, 2004.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, all of Columbia, and Harold W. Gowdy, III, of Spartanburg, for Petitioner.

Jack B. Swerling, of Columbia, for Respondent.

Acting Justice MYERS:

This is a cocaine-trafficking case. Larry Dean McCluney (Respondent) was convicted of trafficking in more than 400 grams of cocaine in violation of South Carolina Code section 44-53-370(e)(2)(e).1 The circuit court sentenced Respondent to twenty-five years of imprisonment and a fine of $200,000. The Court of Appeals reversed, holding the circuit court should have granted Respondent's motion for a directed verdict...

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