STATE v. BRANCH

No. 13025.

298 N.W.2d 173 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Timothy Donald BRANCH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 5, 1980.


Attorney(s) appearing for the Case

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John T. Elston, Pennington County Public Defender, Rapid City, for defendant and appellant.


HENDERSON, Justice.

ACTION

On December 17, 1979, a Pennington County jury found Timothy Donald Branch (appellant) guilty of possession of a stolen vehicle pursuant to SDCL 32-4-5. On the following day, a separate jury found appellant guilty of being a habitual offender. A judgment was entered by the trial court in accord with these verdicts and appellant was sentenced to five to eight years in the state penitentiary. Appellant contends on appeal that the...

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