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STATE v. PHIPPS

No. 13339.

318 N.W.2d 128 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Richard Duane PHIPPS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 14, 1982.

Attorney(s) appearing for the Case

Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John S. Theeler and Chip J. Lowe of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant and appellant.

DAVIS, Circuit Judge.

Defendant was found guilty by a jury of two counts of sexual contact with a minor under the age of fifteen. SDCL 22-22-7. He was sentenced on each count for a period of fifteen years in the State Penitentiary, said terms to run consecutively. Defendant appeals from the judgment of conviction and sentence.

Defendant moved from Wisconsin to South Dakota in April of 1980. He lived with his sister, Delores Wilson, and her three children near...

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