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STATE v. VEN OSDEL

No. 16872.

462 N.W.2d 890 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Wade E. VEN OSDEL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 21, 1990.

Attorney(s) appearing for the Case

David R. Nelson, Minnehaha County State's Atty., Debra S. Sittig, Deputy State's Atty., Sioux Falls, for plaintiff and appellee; Roger A. Tellinghuisen, Pierre, on brief.

Drake A. Titze, Minnehaha County Public Defender, Sioux Falls, for defendant and appellant.

HENDERSON, Justice (on reassignment).

Ven Osdel was convicted of driving while under the influence of alcoholic beverages, 183 days after his first court appearance. We reverse the conviction.

FACTS

Ven Osdel was arrested for driving while under the influence. He made his first appearance on November 22, 1988, two days after his arrest. His preliminary hearing was set for January 12, 1989. Near the close of the court's business day on January 12...

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