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STATE v. BAKER

No. 15570.

440 N.W.2d 284 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. William J. BAKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Janine Kern, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Donna L. Hallberg and Michael J. Butler, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.

MORGAN, Justice.

William J. Baker (Baker) appeals his convictions of guilty but mentally ill (GBMI) following jury trial on two counts of aggravated assault (SDCL 22-18-1.1(2) and (4)). He was also adjudged guilty on a Part II Information charging him with being an habitual offender. Baker was sentenced to eight years in the penitentiary on the first count and twelve years on the second count. We affirm in part and reverse and remand in part.

Baker, who admitted...

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