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HOPFINGER v. LEAPLEY

No. 18271.

511 N.W.2d 845 (1994)

Henry HOPFINGER, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided February 16, 1994.

Attorney(s) appearing for the Case

James A. Eirinberg, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Patricia J. Cronin, Asst. Atty. Gen., Pierre, for defendant and appellee.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Pursuant to a plea agreement with the Brown County State's Attorney, Hopfinger pled guilty to one count of robbery in the first degree and one count of aggravated assault. On May 3, 1991, the trial court accepted both pleas and sentenced Hopfinger to 15 years in the state penitentiary for each crime, sentences to run concurrently. Following a January 6, 1993 hearing, Hopfinger was denied habeas corpus...

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