STATE v. GARDNER

No. 15834.

429 N.W.2d 60 (1988)

STATE of South Dakota, Plaintiff and Appellee. v. Terry GARDNER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 14, 1988.


Attorney(s) appearing for the Case

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Richard L. Travis, Frieberg, Peterson & Travis, Beresford, for defendant and appellant.


TICE, Circuit Judge.

Terry Gardner (defendant), appeals his conviction and sentence for the crime of third degree burglary. We affirm.

On September 22, 1985, at 1:00 a.m., a Canton, South Dakota, police officer was directed to investigate the possible theft of a welder by two individuals. Upon arriving at the scene, the officer observed a welding shop. In an adjacent vacant lot the officer noticed a parked car. A safe was positioned on a handcart five feet...

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