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STATE v. BARTLETT

No. 15525.

411 N.W.2d 411 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. George Joe BARTLETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 26, 1987.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Catherine E. Mattson-Casteel of LaFleur, LaFleur & LaFleur, Rapid City, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Defendant-Appellant, George Joe Bartlett (Defendant), was charged with "Driving or Control of Vehicle While Under Influence of Alcohol (Third Offense)" (DWI). He was convicted, by enhancement procedure, of a Class Six felony, and appeals contending four areas of circuit court error.

(1) Insufficient evidence was presented at trial to support the verdict rendered and to establish that Defendant was the...

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