STATE v. OLESEN

No. 13805.

331 N.W.2d 75 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Berl Duane OLESEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 9, 1983.


Attorney(s) appearing for the Case

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

Albert Steven Fox of Larson, Sundall, Larson & Schaub, Chamberlain, for defendant and appellant.


WOLLMAN, Justice.

Defendant appeals from his conviction on a charge of third offense driving while intoxicated. SDCL 32-23-4. We affirm.

Defendant pleaded guilty on April 9, 1982, to a charge of driving while intoxicated. He requested a court trial on the second part of the information, which alleged that this was his third violation within a four year period. SDCL 32-23-4, 32-23-4.1. At the trial on this issue, the State introduced evidence of two prior DWI...

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