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STATE v. ASHLEY

No. 13944.

459 N.W.2d 828 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Gary ASHLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 1, 1990.

Rehearing Denied September 7, 1990.

Attorney(s) appearing for the Case

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

Steven R. Smith of Andera, Rabuck & Smith, Chamberlain, for defendant and appellant.

WUEST, Chief Justice.

Gary Ashley (Ashley), appeals from a judgment of conviction for Third Degree Burglary. We affirm.

On May 5, 1989, at approximately 7:30 in the morning, Lester Plank (Plank), Deputy Sheriff for Lyman County, received a telephone call from the Chamberlain Police Department advising him a burglary had been committed at the Farmer's Union Oil Company in Reliance, South Dakota. Plank arrived at the scene of the burglary shortly thereafter...

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