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MATTER OF NOVAK

No. 16576.

447 N.W.2d 530 (1989)

In the Matter of the Application by Robert NOVAK for a Writ of Habeas Corpus.

Supreme Court of South Dakota.

Decided November 1, 1989.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., on the brief: Roger A. Tellinghuisen, Atty. Gen., Pierre, for plaintiff and appellee.

Jeff Larson, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.

HENDERSON, Justice.

CASE SUMMARY

We hold that SDCL 22-14-15,1 set forth in extenso below, establishes a substantive offense (felon previously convicted of a crime of violence who has a firearm in his possession or in his control is guilty of a Class 6 felony) and that sentencing upon conviction under that statute may be enhanced through SDCL 22-7-7.2

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