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STATE v. CROSS

No. 17147.

468 N.W.2d 419 (1991)

STATE of South Dakota, Plaintiff/Appellee, v. Robert E. CROSS, Defendant/Appellant.

Supreme Court of South Dakota.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for plaintiff/appellee.

Jana Miner Lunsford of Johnson, Eklund & Abourezk, Gregory, for defendant/appellant.

HERTZ, Acting Justice.

Robert Eugene Cross (Cross), following a trial to the court, was convicted of first degree rape. SDCL 22-22-1(4). On appeal Cross argues that the trial court erred by tolling the time period of his escape from custody from the operation of SDCL 23A-44-5.1 (the 180-day rule) since the state did not file its motion for good cause delay within 180 days of Cross' initial appearance. We affirm.

FACTS

Cross was arrested on September...

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