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PRESTON v. STATE

No. 14361.

356 N.W.2d 907 (1984)

Harry Andrew PRESTON, Petitioner and Appellant, v. STATE of South Dakota, Appellee.

Supreme Court of South Dakota.

Decided October 17, 1984.

Attorney(s) appearing for the Case

Richard Braithwaite of Braithwaite Law Offices, Sioux Falls, for petitioner and appellant.

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

PER CURIAM.

After he appealed his rape and burglary convictions, appellant, represented by other counsel, brought this post-conviction relief proceeding, alleging that he was denied effective assistance of counsel because his trial counsel had failed to call one of his witnesses.1 The trial court denied appellant's petition for post-conviction relief, and he appeals. We affirm.

At appellant's trial the victim testified that in...

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