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MERRILL v. STATE

No. 11173.

206 N.W.2d 828 (1973)

William MERRILL, Petitioner, v. STATE of South Dakota, Respondent.

Supreme Court of South Dakota.

May 1, 1973.

Attorney(s) appearing for the Case

Gordon Mydland, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, Roland E. Grosshans, State's Atty., Fall River County, Hot Springs, for respondent.

Allen G. Wilson, Hot Springs, for petitioner.

WOLLMAN, Justice.

Petitioner1 appeals from the order denying his petition for post-conviction relief brought under the provisions of SDCL 23-52. Petitioner pleaded guilty to a charge of third degree burglary on March 9, 1970, and was sentenced to four years' imprisonment on April 9, 1970.

The only substantial question is whether petitioner's guilty plea must be vacated because the sentencing court failed to specifically advise...

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