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STATE v. BENNETT

Nos. 12497, 12500.

295 N.W.2d 5 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Robert BENNETT, Defendant and Appellant. Robert BENNETT, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

July 23, 1980.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and appellee; William J. Janklow, Atty. Gen., Pierre, on brief.

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and petitioner.

WOLLMAN, Chief Justice (on reassignment).

Defendant was convicted of one count of distributing a controlled substance and two counts of possession of a controlled substance. In # 12497, defendant appeals from his conviction on the distribution charge. In # 12500, defendant (petitioner) appeals from the order denying his petition for post-conviction relief. We affirm in # 12497 and reverse and remand in # 12500.

Although the transaction giving rise to the distribution...

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