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STATE v. MARNETTE

No. 18369.

519 N.W.2d 35 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Richard A. MARNETTE, II, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 29, 1994.

Attorney(s) appearing for the Case

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

David Wurm of Wurm & Hood, Rapid City, for defendant and appellant.

AMUNDSON, Justice.

Richard Marnette (Marnette) appeals the trial court's judgment and sentence for failure to pay sales tax two or more times in twelve months. We affirm.

FACTS

In 1992, Marnette, doing business as Marnette & Sons Chimney Sweeps, was charged with three counts of failure to pay sales tax, three counts of failure to file sales tax returns, and one count of failure to pay sales tax two or more times in twelve months. The first six...

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