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FOSTER v. STATE

No. 14813.

372 N.W.2d 468 (1985)

Gary FOSTER, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided August 6, 1985.

Attorney(s) appearing for the Case

Michael B. Crew, Sioux Falls, for petitioner and appellant.

Frank Geaghan, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

FOSHEIM, Chief Justice.

Gary Foster (Foster) appeals from an Order dismissing his Writ of Habeas Corpus. We affirm.

The facts are undisputed. Foster pled guilty to a felony drug charge under SDCL § 22-42-2 and was sentenced to two years in the State Penitentiary. The sentence ordered him to present himself to the Yankton County Sheriff on December 27, 1981, to begin the sentence. Foster did not appear.

On May 19, 1982, Foster was arrested in North...

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