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APPLICATION OF ADAMS ON BEHALF OF SCHMIT

No. 14306.

360 N.W.2d 513 (1985)

In the Matter of the Application of Thomas E. ADAMS on Behalf of Randy SCHMIT for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

Decided January 2, 1985.

Attorney(s) appearing for the Case

Thomas E. Adams of Voelker & Adams, P.C., Deadwood, for appellant.

Mark Smith, Asst. Atty. Gen., Pierre, for respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

MORGAN, Justice.

Appellant petitioned for habeas corpus relief in the circuit court seeking relief from a prison term that was imposed after a suspended portion of appellant's sentence was revoked. The circuit court denied habeas corpus relief and we affirm.

On April 7, 1980, after he was convicted of third degree burglary, appellant was sentenced to six years in the penitentiary. Circuit Judge R.E. Brandenburg's sentence stated: "That two (2) years of the...

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