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STATE v. RANDEN

No. 17765.

497 N.W.2d 107 (1993)

STATE of South Dakota, Plaintiff and Appellee, v. Craig Lee RANDEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 3, 1993.

Attorney(s) appearing for the Case

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

Michael S. Stonefield, Office of Public Defender, Rapid City, for defendant and appellant.

WUEST, Justice.

Craig Lee Randen (Randen) appeals his conviction for fourth offense driving while under the influence of alcohol (DUI)1. We reverse and remand.

FACTS

On August 15, 1991, state filed an information charging Randen with one count of driving while under the influence of alcohol (SDCL 32-23-1(2)), an alternative count of driving while having 0.10% or more of alcohol in his blood (SDCL 32-23-1(1)) and one count...

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