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STATE v. KITCHENS

No. 17849.

498 N.W.2d 649 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Thomas B. KITCHENS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 14, 1993.

Attorney(s) appearing for the Case

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

Timothy M. Engel of May, Adam, Gerdes & Thompson Pierre, for defendant and appellant.

PER CURIAM.

Thomas B. Kitchens (Kitchens) appeals his conviction for driving while under the influence of an alcoholic beverage (DUI). We affirm.

FACTS

At approximately 10:20 p.m. on the night of September 20, 1991, a police officer for the City of Pierre, South Dakota, was dispatched to a local convenience store in order to investigate a person who had passed out in a pickup truck parked in the store's parking lot. When the officer arrived, he found...

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