STATE v. MOELLER

No. 17886.

511 N.W.2d 803 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Donald Eugene MOELLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 26, 1994.


Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Ann C. Meyer, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Patricia C. Riepel, Office of Public Defender, Sioux Falls, for defendant and appellant.


TICE, Circuit Judge.

Donald Eugene Moeller (Moeller) appeals his conviction of being a habitual offender. We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On the evening of January 20, 1990 when the victim, Tracy Warner (Tracy), was sitting in the living room of her apartment watching television and working on a latch hook project with her baby daughter asleep in the next room, Moeller entered her apartment. Although Moeller and Tracy had briefly...

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