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STATE v. GARRITSEN

Nos. 15778, 15779.

421 N.W.2d 499 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. David Wayne GARRITSEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 30, 1988.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Janine Kern, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

John A. Schlimgen of Doyle, Mahoney and Lyons, Sioux Falls, for defendant and appellant.

TIMM, Circuit Judge.

ACTION

David W. Garritsen (Garritsen) appeals from a judgment of conviction resentencing him to two concurrent life terms in the South Dakota State Penitentiary. We affirm.

HISTORY OF PROCEEDINGS

On January 7, 1980, in Davison County, the state filed an information charging Garritsen with two counts of first degree rape and a supplemental information charging him with being a habitual offender. A jury found Garritsen...

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