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STATE v. BINNEY

No. 25920.

362 S.C. 353 (2005)

608 S.E.2d 418

The STATE, Respondent, v. Jonathan Kyle BINNEY, Appellant.

Supreme Court of South Carolina.

Decided January 10, 2005.

Rehearing Denied February 17, 2005.

Attorney(s) appearing for the Case

Acting Chief Attorney Joseph L. Savitz, III, of the South Carolina Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Harold W. Gowdy, III, of Spartanburg, for Respondent.

Chief Justice TOAL:

In November 2002, Appellant Jonathan Kyle Binney (Binney) was convicted of murder and first-degree burglary and sentenced to death by a Cherokee County jury. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

In early June 2000, Cherokee County police received a call that a local resident, upon returning home from work, was surprised and shot by a man who was hiding inside her house. When police went to the victim's residence to investigate...

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