State v. Sutton

MOORE, Justice:

The Court of Appeals vacated respondent’s attempted murder conviction and sentence. State v. Sutton, 333 S.C. 192, 508 S.E.2d 41 (Ct.App.1998). We granted the State a writ of certiorari to review the Court of Appeals’ decision. We affirm as modified.

FACTS

On December 22, 1994, respondent Michael Sutton shot Dennis Thomas three times at a Florence nightclub. Thomas died over a year and a day later on January 22,1996. 1 Sutton was indicted for assault and battery with intent to kill (ABIK), attempted murder, and possession of a firearm during the commission of a violent crime. At…