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STATE v. TAMMI

No. 18436.

520 N.W.2d 619 (1994)

STATE of South Dakota, Plaintiff and Appellant, v. Daniel Ray TAMMI, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 24, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Todd A. Love, Asst. Atty. Gen., Pierre, for plaintiff and appellant.

Steven M. Christensen, Sturgis, for defendant and appellee.

MILLER, Chief Justice.

State appeals a circuit court order vacating Daniel Ray Tammi's (Tammi) conviction for reckless driving. We affirm.

FACTS

On November 21, 1992, Darrel Hatzenbuhler (Hatzenbuhler), an off-duty police officer for the city of Sturgis, South Dakota, was driving to his mother-in-law's residence in Sturgis along with his wife and family. Hatzenbuhler was driving his personal automobile and was heading east on one of the city streets...

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