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STATE v. DEVINE

No. 12256.

257 N.W.2d 606 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. James DEVINE, Defendant and Appellant.

Supreme Court of South Dakota.

September 13, 1977.

Attorney(s) appearing for the Case

William J. Janklow, Atty. Gen., Judith A. Atkinson, Asst. Atty. Gen., Pierre, Eugene Jones, Mellette County State's Atty., White River, for plaintiff and respondent.

Anita Remerowski, South Dakota Legal Services, Mission, for defendant and appellant.

PER CURIAM.

This appeal has been challenged upon jurisdictional grounds by the motion of the state to dismiss.

After a jury trial in the Sixth Judicial Circuit Court for Mellette County, the defendant was convicted of first degree burglary and third degree burglary on March 29, 1977. Judgment and sentence was entered by the trial court on April 19, 1977, and the defendant was subsequently incarcerated in the South Dakota penitentiary. On May 13, 1977, defendant...

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