BUCKLEY v. STATE

No. 13822.

337 N.W.2d 822 (1983)

Carl Everett BUCKLEY, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided August 24, 1983.


Attorney(s) appearing for the Case

John J. Burnett, Pennington Co. Public Defender's Office, Rapid City, for petitioner and appellant.

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


PER CURIAM.

In this post conviction relief proceeding petitioner sought relief from a judgment requiring him to serve consecutive sentences. We reverse and remand for resentencing.

In October 1975, the trial court found petitioner guilty of criminal damage to property. The trial court's judgment ordered that petitioner "be placed on probation for a period of three (3) years...." On October 7, 1976, the trial court revoked this probation and ordered petitioner...

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