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STATE v. GARNETT

No. 17677.

488 N.W.2d 695 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Jason GARNETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 19, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Frank Geaghan, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

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

MILLER, Chief Justice.

Jason Garnett (Garnett) appeals his judgment of conviction for burglary. We affirm in part and reverse and remand in part.

FACTS

Garnett, Chris Zoss and Rick Woehler broke into the Arc Thrift Store in Rapid City while trying to burglarize the First Stop Gun and Pawn Shop. Garnett and Woehler entered the pawn shop while Zoss waited on the roof as a lookout. They tripped an alarm to which law enforcement officers responded. The...

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