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STATE v. MOELLER

No. 15072.

388 N.W.2d 872 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Kyle Chris MOELLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 4, 1986.

Rehearing Granted July 10, 1986.

Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst.Atty.Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty.Gen., Pierre, on brief.

J.M. Grossenburg of Day, Grossenburg & Whiting, Winner, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY

On June 27, 1985, a Tripp County jury returned two verdicts which found appellant-defendant Kyle Chris Moeller (Moeller), guilty of Distribution of a Controlled Substance, to wit: Cocaine, a violation of SDCL 22-42-2 and SDCL ch. 34-20B; and guilty of Possession of a Controlled Substance, to wit: Cocaine, a violation of SDCL 22-42-5 and SDCL ch. 34-20B. The trial court, by an Order Suspending Imposition of Sentence...

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