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STATE v. McGARRETT

No. 18754.

535 N.W.2d 765 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Brendan A. McGARRETT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 2, 1995.

Attorney(s) appearing for the Case

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

Terry Pechota of Viken, Viken, Pechota, Leach & Dewell, Rapid City, for defendant and appellant.

AMUNDSON, Justice.

Brendan McGarrett (McGarrett) appeals his convictions for first-degree robbery (SDCL 22-30-1), commission of a felony while armed (SDCL 22-14-12), and aggravated assault (SDCL 22-18-1.1(5)). We affirm.

FACTS

On or around August 20, 1993, McGarrett and his traveling companion, Robert Surrell (Surrell), left Massachusetts enroute to California. Along their journey, they decided to stop in Rapid City, South Dakota, to visit the Badlands...

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