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STATE v. HART

No. 15223.

391 N.W.2d 677 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Robert D. HART, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 24, 1986.

Attorney(s) appearing for the Case

Janine Kern, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Randal E. Connelly, Rapid City, for defendant and appellant.

HENDERSON, Justice.

Appellant waived a jury trial and entered into a Stipulation to Facts with the State; he agreed that his guilt or innocence was to be determined by this stipulation. He was found guilty of possessing a controlled substance under SDCL 22-42-5 by the trial court and sentenced to one year in the State Penitentiary. We affirm, deeming there is but one critical issue before us.

This entire appeal centers around the propriety of the trial court...

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