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STATE v. O'CONNOR

No. 15391.

408 N.W.2d 754 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. John S. "Jack" O'CONNOR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 1, 1987.

Rehearing Denied July 31, 1987.

Attorney(s) appearing for the Case

Tim Wilka, Minnehaha Co. States Atty., Sioux Falls, and Mark Meierhenry, Atty. Gen., Pierre, for plaintiff and appellee.

Thomas J. Nicholson, McFarland, Petersen & Nicholson, Sioux Falls, for defendant and appellant.

GERKEN, Circuit Judge.

This matter was previously before this court on appeal from a jury trial held in 1983. State v. O'Connor, 378 N.W.2d 248 (S.D.1985). In our earlier opinion, we remanded the case to the trial court for resentencing to allow the trial judge to apply the appropriate proportionality criteria set forth in Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 ...

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