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FANNING v. STATE

No. 10800.

180 N.W.2d 853 (1970)

Joe FANNING, Petitioner, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

October 21, 1970.

Attorney(s) appearing for the Case

David V. Vrooman, Sioux Falls, for petitioner.

William J. Srstka, Jr., Asst. Atty. Gen., Gordon Mydland, Atty. Gen., R. James Zieser, Asst. Atty. Gen., Pierre, for respondent.

BIEGELMEIER, Judge.

Petitioner was found guilty by a jury of a crime and sentenced to the state penitentiary. At the preliminary hearing and at the trial he was represented by an attorney of his own choice and hiring. He did not appeal from the judgment and sentence. Subsequently he filed a petition for post-conviction relief at which petitioner, who appeared by a court-appointed attorney other than the one who represented...

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