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STATE v. PINELA

No. 16860.

458 N.W.2d 795 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Juan Manuel PINELA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 11, 1990.

Attorney(s) appearing for the Case

Craig M. Johnson of Pennington County Public Defender's Office, Rapid City, for defendant and appellant.

Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

SABERS, Justice.

Juan Manuel Pinela appeals his conviction for two counts of vehicular homicide.

Facts

On April 15, 1989, a one-vehicle accident occurred on Highway 44 east of Rapid City, South Dakota. When Highway Patrol Trooper Lowell Nelson arrived at the accident scene, he observed the eight passengers of the vehicle lying on the road and in the ditch. He also noticed numerous beer cans strewn about the road and in the vehicle. As a result...

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