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STATE v. GEHRKE

No. 17727.

491 N.W.2d 421 (1992)

STATE of South Dakota, Plaintiff and Appellee, v. John Walter GEHRKE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 9, 1992.

Rehearing Denied October 22, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Patricia Cronin, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Allen J. Eide, Gribbin, Burns & Eide, Watertown, for defendant and appellant.

WUEST, Justice.

This is the second appeal brought by Defendant John W. Gehrke from the sentence imposed upon his conviction of aggravated assault. Gehrke was initially sentenced to twenty-five years. He appealed, and we affirmed his conviction for aggravated assault, but reversed the sentence because the habitual offender statute had been improperly applied to enhance Gehrke's sentence. State v. Gehrke, 474 N.W.2d 722 (S...

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