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STATE v. ROBERTS

No. 14972.

384 N.W.2d 688 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Dennis ROBERTS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 2, 1986.

Attorney(s) appearing for the Case

Grant E. Gormley, Chief Deputy Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Bruce Ellison, Rapid City, for defendant and appellant.

MORGAN, Justice.

Dennis Roberts (Roberts) appeals from his conviction for possession of an untaxed controlled substance, SDCL 10-50A-6, and possession of a controlled substance without a license, SDCL 10-50A-4. See SDCL 10-50A-11. We reverse.

Roberts was arrested as a result of a controlled undercover drug buy in Lawrence County in July 1984. He was subsequently charged with five counts, alleging: (I) he distributed a controlled substance contrary to...

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