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STATE v. BACON

No. 12765

286 N.W.2d 331 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Lemarcus Claussen BACON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 24, 1979.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Clair R. Gerry of Stuart & Gerry, Sioux Falls, for defendant and appellant.

DUNN, Justice.

Defendant is charged in the information with driving while under the influence of alcoholic beverages (DWI), third offense, which is a felony. The amended information includes the dates of the alleged prior convictions. Defendant appeals from the trial court's denial of his motions to quash part of the information and separate and to suppress evidence. It is apparent that the trial court accepted the State's contentions that (1) prior convictions are...

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