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STATE v. FENDER

No. 17479.

484 N.W.2d 307 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. Jack FENDER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 6, 1992.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Scott Bogue, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Bruce V. Anderson, Lee A. Tappe, P.C., Platte, for defendant and appellant.

PER CURIAM.

Jack Fender (Fender) appeals his conviction for first degree burglary. We remand for a further hearing.

FACTS

On February 9, 1990, Fender and Bruce Martin went to the home of Doug and Jan Woods. They forced their way into the home and proceeded to beat Doug Woods. The next day, Fender was charged with first degree burglary and aggravated assault. The trial court appointed Owen Wipf as Fender's legal counsel. State dismissed the aggravated...

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