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FLUTE v. CLASS

No. 19670.

559 N.W.2d 554 (1997)

1997 SD 10

Levi Duane FLUTE, Petitioner and Appellant, v. Joe CLASS, Warden, South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided February 12, 1997.

Attorney(s) appearing for the Case

Michael W. Hanson, Sioux Falls, for petitioner and appellant.

Mark Barnett, Attorney General, Constance K. Nilles, Assistant Attorney General, Pierre, for appellee.

GILBERTSON, Justice.

[¶ 1.] Levi Flute appeals the dismissal of his petition for a writ of habeas corpus. We affirm.

FACTS

[¶ 2.] Flute was indicted on July 20, 1989 for aggravated assault. He was later indicted on December 28, 1989 for aggravated assault, kidnapping, first-degree robbery, first-degree burglary, and first-degree rape. Attorney Drake Titze was appointed to represent Flute in both cases. Flute eventually entered guilty pleas...

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