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STATE v. VOGEL

No. 15961.

428 N.W.2d 272 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Michael C. VOGEL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 24, 1988.

Attorney(s) appearing for the Case

Mark A. Moreno, Hughes County Deputy State's Atty., Pierre, for plaintiff and appellee; Gary F. Colwill, Hughes County Deputy State's Atty., Pierre, on the brief.

Robert C. Riter, Jr., of Riter, Mayer, Hofer & Riter, Pierre, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL BACKGROUND/ISSUES

Appellant Michael Vogel (Vogel) was convicted of possession of more than one-half pound, but less than one pound, of marijuana after a non-jury trial in the circuit court for Hughes County. Vogel appeals his conviction and a sentence of two years in the State Penitentiary, contending that the trial court erred by finding no constitutional violation in State aerial and zoom lens photographic observations of...

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