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STATE v. OLSON

No. 16493.

449 N.W.2d 251 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Marshall Ray OLSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 6, 1989.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Wade A. Hubbard, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Drake A. Titze, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

After a jury trial, Defendant/Appellant Marshall Ray Olson (Olson) was convicted of two charges of escape, first-degree burglary, first-degree rape, and second-degree robbery. At the times these incidents took place, Olson was serving a ten-year sentence in the State Penitentiary for escape and was on trusty status.

A trial to the court was later held on charges that Olson was a habitual criminal. The...

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