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STATE v. BUCHOLZ

No. 15314.

403 N.W.2d 400 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. Larry D. BUCHOLZ, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 1, 1987.

Attorney(s) appearing for the Case

Richard D. Coit, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Al Arendt of Maher & Arendt, Pierre, for defendant and appellant.

FOSHEIM, Retired Justice.

Larry D. Bucholz (Bucholz) was arrested November 8, 1985, for driving while under the influence. Approximately a week later he was again arrested for DWI. Bucholz was charged with the two DWIs and also as an habitual offender under SDCL 22-7-8. He agreed to plead guilty to the two DWI offenses in exchange for dismissal of the habitual offender charge. We reverse and remand.

Bucholz' sentencing hearing was held February 25, 1986, at...

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