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STATE v. FODE

No. 16587.

452 N.W.2d 779 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Kip Dean FODE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 7, 1990.

Attorney(s) appearing for the Case

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

David A. Bradsky, Rapid City, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

On September 29, 1988, a complaint was filed against Kip Dean Fode (Fode) charging the offenses of driving or control of a vehicle while under the influence of alcohol (third offense); driving or control of a vehicle while having .10 percent or more of alcohol in his blood (third offense); and driving while under revocation after DWI arrest in violation of SDCL 32-33-1, 32-23-4, and 32-23-5.

A jury trial...

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