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STATE v. MYERS

No. 16985.

464 N.W.2d 608 (1990)

STATE of South Dakota, Plaintiff and Appellee. v. Thomas F. MYERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 19, 1990.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre (Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief), for plaintiff and appellee.

Craig M. Johnson, Rapid City, for defendant and appellant.

MILLER, Chief Justice.

Thomas F. Myers (Myers) appeals from his judgment of conviction for driving while under the influence of alcohol.

FACTS

On the morning of August 28, 1989, Gerald Shelton (Shelton), manager of a convenience gas station in Rapid City, observed a pickup truck pull up in front of the gas pumps. The driver, Myers, got out of the truck, apparently noticed that the pumps were on the wrong side of the truck, and then returned to the...

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