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ALEXANDER v. SOLEM

No. 15037.

383 N.W.2d 486 (1986)

Everett ALEXANDER, Petitioner and Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided March 12, 1986.

Attorney(s) appearing for the Case

Richard Braithwaite, Braithwaite Law Offices, Sioux Falls, for petitioner and appellant.

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

HERTZ, Acting Justice.

This criminal appeal arises from an order dissolving the appellant/petitioner's writ of habeas corpus. We affirm.

STATEMENT OF FACTS

On July 28, 1981, an information was filed charging the petitioner herein, Everett Alexander, (Alexander), with six counts of Third Degree Forgery. At the same time a Part II Information was filed charging Alexander with being an habitual offender under

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