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STATE v. DuBRAY

No. 13048.

298 N.W.2d 811 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Frederic DuBRAY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 26, 1980.

Attorney(s) appearing for the Case

Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

William J. Srstka, Jr. of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for defendant and appellant.

DUNN, Justice.

Defendant, Frederic DuBray, was convicted by a jury of driving while under the influence of alcohol (DWI), as defined in SDCL 32-23-1, and of possession of marijuana, as defined in SDCL 22-42-6. This was his third conviction of DWI; therefore defendant was sentenced under SDCL 32-23-4, which enhances the charge to a Class 6 felony. The sentence imposed for the DWI conviction was a fine of $1,000 and confinement in the South Dakota State Penitentiary...

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