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STATE v. GALLIGO

No. 19386.

551 N.W.2d 303 (1996)

1996 SD 83

STATE of South Dakota, Plaintiff and Appellee, v. Doyle GALLIGO, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 1996.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jason Harris, Assistant Attorney General, Pierre, for plaintiff and appellee.

Gustav K. Johnson, Rapid City, defendant and appellant.

PER CURIAM.

[¶ 1] Doyle Galligo (Galligo) appeals the restitution provision of a sentence for simple assault. We reverse and remand.

FACTS

[¶ 2] In March 1995, Galligo was involved in a stabbing incident in Rapid City, South Dakota. He was charged with two counts of aggravated assault and, pursuant to a plea bargain, pled guilty to one count of simple assault. In October, the trial court sentenced Galligo to one year in the Pennington County...

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