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STATE v. McCARTY

No. 15881.

434 N.W.2d 67 (1988)

STATE of South Dakota, Plaintiff and Appellant, v. Nancy Ann McCARTY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 21, 1988.

Rehearing Denied January 30, 1989.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

N. Dean Nasser, Jr. of Nasser Law Offices, P.C., Troy Leonard, Legal Intern of Nasser Law Offices, Sioux Falls, for defendant and appellee.

HENDERSON, Justice.

An order of the circuit court vacated a DWI judgment entered against Nancy Ann McCarty in the magistrate court. McCarty had taken a direct appeal from the magistrate court to the circuit court. State now appeals. We reverse the circuit court's order vacating the DWI judgment.

FACTS

In the early morning hours of May 16, 1986, a Sioux Falls police officer observed a vehicle driven by McCarty going east in the west-bound lanes of...

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