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STATE v. BARBER

No. 15862.

427 N.W.2d 375 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Gregory BARBER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Richard D. Coit, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Gary G. Colbath of Banks, Johnson, Johnson, Colbath and Huffman, Rapid City, for defendant and appellant.

WUEST, Chief Justice.

ACTION

Gregory Barber (Barber) appeals the trial court's imposition of a civil penalty for his possession of less than one ounce of marijuana. We affirm.

FACTS

After a jury trial, Barber was found guilty of possession of less than one ounce of marijuana, a class 2 misdemeanor (SDCL 22-42-6). Barber was sentenced to 30 days in jail and a $100 fine (the maximum criminal sentence for a class 2 misdemeanor under SDCL 22...

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