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STATE v. BRIM

No. 12889.

298 N.W.2d 73 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Thomas Wayne BRIM, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 29, 1980.

Attorney(s) appearing for the Case

Margaret Crew, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

E. James Hood of Richards, Hood & Brady, P. C., Spearfish, for defendant and appellant; Thomas E. Brady of Richards, Hood & Brady, P. C., Spearfish, on brief.

HENDERSON, Justice.

ACTION

Thomas Wayne Brim, appellant, was found guilty by a jury on June 19, 1979, of possession of a controlled substance and possession of a controlled substance with intent to distribute. Appellant was sentenced to serve five years in the state penitentiary on each count and fined $3,000 on each count. Appellant appeals the entire sentence urging the errors discussed below. We affirm.

FACTS

At approximately 11:00 p...

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