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STATE v. OHLMANN

No. 16396.

444 N.W.2d 377 (1989)

STATE of South Dakota, Plaintiff and Appellee, v. Wilbert OHLMANN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 2, 1989.

Attorney(s) appearing for the Case

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

Robert A. Sambroak, Jr., Kadoka, for defendant and appellant.

PER CURIAM.

ACTION

Wilbert Ohlmann (Ohlmann) appeals his sentence for the offense of possession of big game during a closed season. We reverse and remand for resentencing.

FACTS

Early one morning in March 1988 Ohlmann killed two deer standing on a highway when he hit them with the vehicle he was driving. Ohlmann pulled the two deer to the roadside and proceeded on his way. On his return trip...

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