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APPLICATION OF GARRITSEN

No. 14721.

376 N.W.2d 575 (1985)

In the Matter of the Application of David Wayne GARRITSEN for Writ of Habeas Corpus.

Supreme Court of South Dakota.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Rita Haverly of Minnehaha County Public Defender's Office, Sioux Falls, for appellant Garritsen.

Thomas H. Harmon, Asst. Atty. Gen., Pierre, for appellee State of South Dakota; Mark V. Meierhenry, Atty. Gen., on brief.

HENDERSON, Justice.

This is an appeal from an Order denying an Application for Writ of Habeas Corpus. We reverse and remand for resentencing.

On January 27, 1970, David W. Garritsen (Garritsen), appellant-applicant herein, and three other codefendants, were arraigned in Sioux Falls Municipal Court on charges of third-degree burglary. During this hearing, the complaint charging the crime of third-degree burglary was read to the defendants and the Municipal...

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