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STATE v. NILSON

No. 14528.

364 N.W.2d 532 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Lyle L. NILSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 13, 1985.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

David L. Braun of Gors, Braun & Carlon, Pierre, for defendant and appellant.

WUEST, Acting Justice.

This is an appeal from a judgment of conviction for driving while under the influence (DWI) of an alcoholic beverage, in violation of SDCL 32-23-1, and with having two prior convictions for DWI within the preceding five years, in violation of SDCL 32-23-4.1. We affirm.

The facts relevant to this appeal are undisputed. On September 6, 1979, appellant was convicted of DWI in Stanley County, South Dakota. At the time of these convictions...

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