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STATE v. FLITTIE

No. 13839.

338 N.W.2d 454 (1983)

STATE of South Dakota, Plaintiff and Appellee, v. Roger George FLITTIE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 21, 1983.

Attorney(s) appearing for the Case

Jon R. Erickson, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

David R. Gienapp, Madison, for defendant and appellant.

PER CURIAM.

This is an appeal from an amended judgment of conviction and sentence ordered by this court in State v. Flittie, 318 N.W.2d 346 (S.D.1982). We affirm.

Roger George Flittie was charged with murder and conspiracy to commit murder on February 16, 1978. After a jury acquitted him of murder and convicted him of conspiracy, he was sentenced to a five-year penitentiary term beginning April 29, 1978.

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