STATE v. MICHALEK

No. 15385.

407 N.W.2d 815 (1987)

The STATE of South Dakota, Plaintiff and Appellee, v. Thomas MICHALEK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 10, 1987.


Attorney(s) appearing for the Case

Robert E. Mayer, Asst. Atty. Gen., Mark V. Meierhenry, Atty. Gen. (on brief), Pierre, for plaintiff and appellee.

Ramon A. Roubideaux, Rapid City, for defendant and appellant.


SABERS, Justice.

Thomas L. Michalek (Michalek) appeals his conviction for driving while intoxicated, third offense. We affirm.

Facts

Michalek and his family returned to Murdo, South Dakota, from a family vacation in the early evening of July 23, 1985. He had been drinking beer on the return trip and "went back out" after his return to Murdo. After arriving in Murdo, Michalek had consumed six beers. He went to a gas station, hung around the...

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