2003-04-07-01

The Supreme Court of South Carolina

The State, Respondent,

Franklin Benjamin, Petitioner.

ORDER

This Court originally affirmed the decision of the Court of Appeals by a vote of 3-2. State v. Benjamin, Op. No. 25572 (S.C. Sup. Ct. filed January 13, 2003). We granted petitioners request for rehearing in this matter, and ordered it be reheard. Prior to the reargument, Chief Justice (Ret.) Gregory, who participated in the original case, and who was a member of the three-person majority, passed away. Circuit Judge (Ret.) Edward Cottingham was appointed to sit as an Acting Justice on rehearing.

We have now reheard the matter. The Court remains divided 3-2, with Acting Justice Cottingham joining the majority opinion. Accordingly, the original opinion and dissent shall be republished, the only change being the substitution of Acting Justice Cottingham as a signatory to the majority opinion.

s/James E. Moore A.C.J.

s/John H. Waller, Jr. J.

s/E. C. Burnett, III J.

s/Costa M. Pleicones J.

s/Edward B. Cottingham A.J.

Columbia, South Carolina
April 7, 2003