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ALIBERTI v. SOLEM

No. 16017.

428 N.W.2d 638 (1988)

Steven V. ALIBERTI, Petitioner and Appellant, v. Herman SOLEM, acting in his capacity as the duly-appointed Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Scott D. McGregor, Rapid City, for petitioner and appellant.

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for respondent and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

WUEST, Chief Justice.

Petitioner, Steven V. Aliberti, appeals the trial court's order denying habeas corpus relief. We affirm.

On November 15, 1985, petitioner was convicted of aggravated assault pursuant to SDCL 22-18-1.1(3). He was subsequently sentenced to serve ten years imprisonment with three years conditionally suspended. We affirmed petitioner's conviction on direct appeal in State v. Aliberti,

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