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STATE v. HABBENA

No. 14432.

372 N.W.2d 450 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Douglas M. HABBENA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Steve Miller, Sp. Deputy State's Atty., Sioux Falls, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, and Joaquin K. Hanson, Minnehaha County State's Atty., Sioux Falls, on brief.

James E. McCulloch of Minick, Nelson & McCulloch, Vermillion, for defendant and appellant.

MORGAN, Justice.

This appeal arises from the conviction of Douglas Habbena (Habbena) on two counts: (1) distribution of a controlled substance (cocaine), in violation of SDCL 22-42-2; and (2) possession of a controlled substance (cocaine) with intent to distribute, in violation of SDCL 22-42-2. Habbena appeals the trial court's denial of certain portions of his motion to suppress evidence and the use of suppressed evidence...

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