State v. Gourdine

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Moore, Justice:

Petitioner was convicted of accessory before the fact of armed robbery of a McDonald’s restaurant. The Court of Appeals affirmed his conviction but remanded for resentencing. State v. Gourdine, Op. No. 95-UP-040 (S.C. Ct. App. filed February 14, 1995). We reverse and remand.

FACTS

Petitioner did not testify at his trial below. Three witnesses who had pled guilty to the robbery testified against petitioner. Two testified a BB gun and a toy or water gun were used in the robbery. The other testified a “play M-16” water gun and a toy…