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STATE v. GARRITSEN

No. 13112.

302 N.W.2d 409 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. David Wayne GARRITSEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 25, 1981.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

John N. Gridley III, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

A jury found appellant guilty of two counts of rape. A second jury found appellant guilty of being a habitual criminal. Appellant challenges his conviction on the habitual criminal charge. We affirm.

Appellant's first contention is that the State was improperly allowed to amend the habitual criminal information. SDCL 22-7-11 provides in part:

An allegation that a defendant is an habitual criminal must be filed as a separate...

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