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STATE v. ENGELMANN

No. 19020.

541 N.W.2d 96 (1995)

STATE of South Dakota, Plaintiff and Appellee, v. Gary George ENGELMANN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Mark W. Barnett, Atty. Gen., Ronald D. Campbell, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

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

KONENKAMP, Justice.

Defendant moved before sentencing to withdraw his guilty plea to second degree rape. Finding the circuit court's denial of the motion an abuse of discretion, we reverse and remand.

Facts

Gary George Engelmann, a physician at Hand County Clinic in Miller, South Dakota, frequently performed gynecological examinations. On July 1, 1994, during a pelvic exam, a patient ran out of Engelmann's examining room to seek help from other members...

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