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STATE v. CASHMAN

No. 17684.

491 N.W.2d 462 (1992)

STATE of South Dakota, Plaintiff and Appellant. v. Michael James CASHMAN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 21, 1992.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Douglas G. Fosheim of Fosheim and Haberstick, Huron, for defendant and appellee.

SABERS, Justice.

State appeals an order dismissing a Part II Information charging Michael Cashman (Cashman) with third offense driving under the influence of alcohol (DUI). We reverse and remand.

FACTS

On June 6, 1991, state filed an information charging Cashman with one count of DUI and one count of driving with a revoked license. State also filed a Part II Information for third offense DUI alleging Cashman had two prior DUI convictions. Cashman...

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