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STATE v. BARRIENTOS

No. 16233.

444 N.W.2d 374 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Hugo BARRIENTOS, III, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 2, 1989.

Attorney(s) appearing for the Case

Diane M. Patrick, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Lawrence R. Bihlmeyer, Rapid City, for defendant and appellant.

PER CURIAM.

ACTION

Hugo Barrientos, III (Barrientos), appeals his conviction for aggravated assault. We affirm.

FACTS

Barrientos was formerly employed by a Hardees franchise in Rapid City, South Dakota. Prior to the events in question he was barred from Hardees' property because of his behavior. At 1:00 a.m. on October 25, 1987, Barrientos parked his car, a Chevelle modified for racing, in Hardees' parking lot. Barrientos waited in the...

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