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BLACK v. ERICKSON

No. 10935.

191 N.W.2d 174 (1971)

Arnold Lee BLACK, Plaintiff and Respondent, v. Don R. ERICKSON, Warden of the South Dakota State Penitentiary, Defendant and Appellant.

Supreme Court of South Dakota.

October 28, 1971.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Roland E. Grosshans, State's Atty., Hot Springs, for defendant and appellant.

David V. Vrooman, Sioux Falls, for plaintiff and respondent.

HANSON, Judge.

The applicant in this habeas corpus proceeding, Arnold Lee Black, is an inmate in the State Penitentiary serving an indeterminate sentence of "not more than ten years." He challenges the validity of his sentence which was increased because of prior felony convictions. The trial court ordered him released and remanded to the Circuit Court of Fall River County for resentencing on the principal charge of possessing...

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