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STATE v. KORDONOWY

No. 18217.

523 N.W.2d 556 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Russell E. KORDONOWY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 2, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Mark E. DeBoer, Office of the Public Defender for Pennington County, Rapid City, for defendant and appellant.

AMUNDSON, Justice.

Russell E. Kordonowy (Kordonowy) appeals his conviction of first offense driving under the influence (DUI), in violation of SDCL 32-23-2, a Class 1 misdemeanor. On appeal, he contends the trial court erred in denying his motion to dismiss based on the running of the 180 day period established by SDCL 23A-44-5.1. We reverse.

FACTS

Kordonowy was arrested and charged with DUI on April 3, 1992. A complaint was subsequently filed on...

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