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STATE v. ELLEFSON

No. 13965.

334 N.W.2d 56 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Richard James ELLEFSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 25, 1983.

Attorney(s) appearing for the Case

Douglas E. Kludt, Asst. Atty. Gen., Pierre, for plaintiff and appellee, Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Craig A. Kennedy of Doyle, Bierle, Porter & Kennedy, Yankton, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal from an order revoking suspended sentence. We affirm.

In 1978 defendant was sentenced to ten years in the penitentiary for second degree rape. Following an appeal to this court, State v. Ellefson, 287 N.W.2d 493 (S.D.1980), defendant was resentenced, again to ten years in the penitentiary. In December of 1980, the trial court entered an order suspending the sentence under certain...

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