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STATE v. ROBINETTE

No. 12133.

270 N.W.2d 573 (1978)

STATE of South Dakota, Plaintiff and Respondent, v. William Anthony ROBINETTE, Defendant and Appellant.

Supreme Court of South Dakota.

October 12, 1978.

Attorney(s) appearing for the Case

Brent A. Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Keith R. Strange, Jack Gunvordal, Legal Intern, Sioux Falls, for defendant and appellant.

ZASTROW, Justice.

This is an appeal from a conviction of unauthorized possession of a controlled drug or substance in excess of one ounce of which the defendant, on December 7, 1976, received a sentence of four years in the state penitentiary. We reverse the judgment and conviction.

FACTS

The defendant lived in a small garage apartment in Madison about a block from the state college. The garage apartment was located in the backyard of a two-story...

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