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ROBINSON v. LEAPLEY

No. 18185.

515 N.W.2d 216 (1994)

Gary Dean ROBINSON, Petitioner and Appellant, v. Walter LEAPLEY, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Steven K. Rabuck of Craig, Nichols and Rabuck, Sioux Falls, for petitioner and appellant.

Mark Barnett, Atty. Gen., Frank Geaghan, Asst. Atty. Gen., Pierre, for respondent and appellee.

PER CURIAM.

Gary Dean Robinson (Robinson) appeals the denial of his application for a writ of habeas corpus. We reverse and remand.*

FACTS

Robinson was convicted for attempted escape on September 17, 1990 and was sentenced to serve five years in the South Dakota State Penitentiary. The sentencing court suspended the execution of two years of the sentence on the following terms and conditions:

1. That the Defendant...

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