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STATE v. KING

No. 15033.

383 N.W.2d 854 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. John H. KING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 26, 1986.

Rehearing Denied May 5, 1986.

Attorney(s) appearing for the Case

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

Richard Braithwaite, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

This is an appeal from a judgment of conviction of John H. King (King) of issuing an insufficient funds check in the first degree and on a Part II information as a habitual offender. King was sentenced to a term of fifteen years in the South Dakota State Penitentiary. King is not appealing the underlying conviction on the check charge; he attacks only the determination of habitual criminal status. We reverse and remand.

The Part II information...

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