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STATE v. BRUCH

No. 19688.

565 N.W.2d 789 (1997)

1997 SD 74

STATE of South Dakota, Plaintiff and Appellee, v. Carl Richard BRUCH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 25, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, for plaintiff and appellee.

Matthew T. Stephens, Rapid City, for defendant and appellant.

PER CURIAM.

[¶ 1] Bruch appeals from a circuit court order affirming the magistrate court's order denying his motion to declare his February 24, 1993 DUI conviction invalid. We reverse.

FACTS

[¶ 2] Bruch was arrested for DUI on August 6, 1992. Bruch retained Roger Tellinghuisen as his attorney. Following a preliminary hearing, Bruch waived the 180-day rule, SDCL 23A-44-5.1, and trial was set for February 24, 1993.

[¶ 3] On...

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