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STATE v. DICAPUA

No. 26684.

383 S.C. 394 (2009)

680 S.E.2d 292

The STATE, Respondent, v. Jeremiah DICAPUA, Petitioner.

Supreme Court of South Carolina.

Decided July 13, 2009.

Attorney(s) appearing for the Case

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Henry Dargan McMaster; Chief Deputy Attorney General John W. McIntosh; Assistant Deputy Attorney General Salley W. Elliott; Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for Respondent.

Justice KITTREDGE:

As a result of a videotaped sting operation, Jeremiah Dicapua was convicted and sentenced for distribution of crack cocaine and possession with intent to distribute crack cocaine. On the day following sentencing, the trial court sua sponte vacated the jury's verdict and ordered a new trial on the basis of perceived weaknesses in the videotape evidence, even though the tape was admitted without objection. Moreover, the trial court ruled that...

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