State v. Fennell

ORDER

We withdraw State v. Fennell, Op. No. 25097 (S.C. Sup.Ct. filed March 27, 2000) (Shearouse Adv. Sh. No. 12 at 43). We hereby substitute in its place the attached opinion.

IT IS SO ORDERED.

/s/ Jean H. Toal, C.J. /s/ James E. Moore, J. /s/ John H. Waller, Jr., J. /s/ E.C. Burnett, III, J. /s/ Costa M. Pleicones, J. WALLER, Justice:

John Bennett Fennell (appellant) was indicted for the murder of one man and the assault and battery with intent to kill (ABIK) of a second man. A jury found him guilty but mentally ill on both charges. He was sentenced to life in prison for murder and twenty years…