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STATE v. MUETZE

No. 18829.

534 N.W.2d 55 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth MUETZE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 28, 1995.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., John M. Strohman, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Sidney B. Strange, Strange, Farrell, Johnson & Casey, Sioux Falls, for defendant and appellant.

PER CURIAM.

Kenneth Muetze was convicted of possession of a weapon by an inmate (SDCL 24-2-14(3)) and aggravated riot (SDCL 22-10-5). He was sentenced to concurrent fifteen year terms which were to be served consecutive to the life sentence he was currently serving. On the day the judgment of conviction was filed, the trial court also entered an order denying Muetze's motion to dismiss the indictment due to alleged discriminatory or selective prosecution. Muetze appeals...

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