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STATE v. JOHNSTON

No. 17297.

478 N.W.2d 286 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. Richard JOHNSTON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Diane Best, Asst. Atty. Gen., Pierre, for plaintiff and appellee, Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Mark F. Marshall, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/FACTS/ISSUE

This is a companion appeal to State v. Johnston 478 N.W.2d 282 (S.D.1991).

On September 1, 1989, Richard Johnston (Johnston) was charged with 19 counts of Grand Theft in violation of SDCL 22-30A-1 and SDCL 22-30A-17(2). He was further charged with 17 counts of Misuse or Alteration of Brand in violation of SDCL 40-19-25. Johnston was found guilty of each of the 19 counts of Grand Theft and...

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