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RODEN v. SOLEM

Nos. 15655, 15674.

411 N.W.2d 421 (1987)

Francis RODEN, v. Herman SOLEM,

Supreme Court of South Dakota.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Richard Braithwaite, Sioux Falls, for petitioner and appellant.

Frank Geaghan, Asst. Atty. Gen., Pierre, for respondent and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

HENDERSON, Justice.

Francis Roden appeals from an order of the trial court denying his petition for habeas corpus relief. We affirm.

PROCEDURAL BACKGROUND

Roden was convicted of second degree rape and sentenced to eight years in the South Dakota State Penitentiary. Pursuant to SDCL 24-15-5, the Board of Pardons and Paroles classified Roden as a third-time offender and ruled that he would not be eligible for parole until he had served three-fourths...

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