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STATE v. TUTTLE

No. 16642.

460 N.W.2d 157 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Warren A. TUTTLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 22, 1990.

Attorney(s) appearing for the Case

Ann C. Meyer, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., on brief.

David R. Wurm, Public Defender of Pennington County, Rapid City, for defendant and appellant.

SABERS, Justice.

As part of a plea agreement, Warren Tuttle (Tuttle) pled guilty to one count of second degree arson and a second count of arson was dismissed. Tuttle was sentenced to fourteen years in the State Penitentiary, with two years suspended on condition that Tuttle make restitution to the victims of both arsons. Although specifically requested by Tuttle, the trial court did not conduct a hearing regarding restitution. We reverse the restitution portion of...

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