STATE v. DEGEN

No. 15268.

396 N.W.2d 759 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Clifford Jon DEGEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 3, 1986.


Attorney(s) appearing for the Case

Catherine E. Mattson-Casteel, Pennington County Public Defender's Office, Rapid City, for defendant and appellant.

Richard D. Coit, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., on the brief.


WUEST, Chief Justice.

In this appeal the sole issue for consideration is whether the trial court abused its discretion when it sentenced Clifford Jon Degen (Degen). We conclude that there was no abuse of discretion and accordingly affirm the judgment.

Degen was charged with third-degree burglary, a Class 4 felony, SDCL 22-32-8, after law enforcement officers responding to a burglar alarm found him hiding in a warehouse. A jury convicted him of entering or...

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