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STATE v. BRACHT

No. 20149.

573 N.W.2d 176 (1997)

1997 SD 136

STATE of South Dakota, Plaintiff and Appellee, v. Jaison E. BRACHT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Timothy Bartlett, Assistant Attorney General, Pierre, for plaintiff and appellee.

Paul G. Riley, Vermillion, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Jaison E. Bracht appeals his sentence for third offense driving while under the influence of alcohol (DUI). Because the prosecutor breached the plea agreement, we vacate the sentence contained in the judgment and remand for resentencing before a different judge as required by the United States Supreme Court.

FACTS

[¶ 2.] Bracht was charged with third offense DUI. During arraignment, his defense counsel outlined...

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