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STATE v. ROBINSON

No. 17103.

469 N.W.2d 376 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. Kendall M. ROBINSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 24, 1991.

Attorney(s) appearing for the Case

Mark A. Moreno, Hughes County States Atty., Thomas H. Harmon, Asst. Atty. Gen., Pierre, for plaintiff/appellee.

James A. Eirinberg, Sioux Falls, for defendant/appellant.

DOBBERPUHL, Circuit Judge.

ISSUES PRESENTED

Kendall M. Robinson (petitioner) brings the following issues to this court for our resolution:

1. WHETHER THE TRIAL COURT ERRED IN REFUSING TO DISMISS THE PART II INFORMATION ACCUSING PETITIONER OF BEING AN HABITUAL OFFENDER? 2. WHETHER THE TRIAL COURT ERRED IN RULING THAT SDCL 23A-44-5.1 (THE 180-DAY RULE) DID NOT REQUIRE DISMISSAL OF THIS CASE?

We affirm.

PROCEDURAL HISTORY...

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