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STATE v. McCORMICK

No. 15068.

385 N.W.2d 121 (1986)

STATE of South Dakota, Plaintiff and Appellee, v. Cole C. McCORMICK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 9, 1986.

Attorney(s) appearing for the Case

Thomas H. Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Richard Braithwaite, Sioux Falls, for defendant and appellant.

WUEST, Justice.

This is an appeal from an order revoking a suspended imposition of sentence. We reverse and remand for a new hearing.

On April 22, 1985, appellant Cole C. McCormick (McCormick) was given a suspended imposition of sentence and placed on probation for the offense of third-degree burglary. On June 7, 1985, McCormick was again arrested and charged with third-degree burglary in connection with his actions in an alley behind a Sioux Falls business...

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