BLINDERT v. STATE

No. 12992.

295 N.W.2d 731 (1980)

Kenneth J. BLINDERT, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided August 13, 1980.


Attorney(s) appearing for the Case

Thomas M. Frankman of Willy, Pruitt, Matthews, Hurd, Farrell, Frankman & Johnson, Sioux Falls, for petitioner and appellant.

Gene Paul Kean, Sp. Minnehaha County Deputy State's Atty., Sioux Falls, for appellee.


FOSHEIM, Justice.

On this appeal we are asked to review an order denying post-conviction relief. We reverse.

On May 31, 1977, without counsel, appellant pleaded guilty to a charge of escape and to a charge of being a habitual criminal. He was sentenced to an indeterminate sentence of five to twenty years in the state penitentiary to run consecutively with his prior sentence for the crime of issuing insufficient fund checks, a felony.

At the time of...

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