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STATE v. WILSON

No. 16851.

459 N.W.2d 457 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Delbert Allen WILSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 15, 1990.

Attorney(s) appearing for the Case

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief,

David R. Wurm, Office of the Public Defender, Rapid City, for defendant and appellant.

SABERS, Justice.

Delbert Allen Wilson (Wilson) appeals the restitution award in his sentence for third offense driving while under the influence of alcohol (DWI). We reverse the restitution portion of his sentence.

FACTS

Wilson was arrested for DWI in Rapid City, South Dakota, on June 12, 1989, after the car he was driving (owned by another party) collided with the rear end of the third in a series of three vehicles stopped at an intersection waiting...

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