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STATE v. JONES

No. 15243.

406 N.W.2d 366 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Tracey JONES, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 27, 1987.

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.

Cynthia A. Howard, Northern Hills Public Defender's Office, Deadwood, for defendant and appellant.

FOSHEIM, Retired Justice.

A Butte County Grand Jury indicted Tracey Jones (Jones) on Count I, third-degree burglary; Count II, grand theft; Count III, aggravated assault; and Count IV, commission of a felony while armed with other than a machine gun or short shotgun. Jones appeals the petit jury conviction on all four counts. We reverse on the grounds the trial court's application of SDCL 23A-10A-6.1 deprived Jones of his...

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