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LYKKEN v. CLASS

No. 19623.

561 N.W.2d 302 (1997)

1997 SD 29

David Lee LYKKEN, Applicant and Appellant, v. Joseph P. CLASS, Warden South Dakota State Penitentiary, Appellee.

Supreme Court of South Dakota.

Decided March 19, 1997.

Attorney(s) appearing for the Case

David M. Buechler Parker, for Applicant and Appellant.

Mark Barnett, Attorney General, Sherri Sundem Wald, Assistant Attorney General, Pierre, for Appellee.

GILBERTSON, Justice.

[¶ 1.] David Lee Lykken (Lykken) appeals from the denial of his writ of habeas corpus. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Lykken was convicted in November 1990 of first-degree rape, kidnapping, first-degree burglary, and simple assault following a two-day jury trial in Vermillion, South Dakota. He further admitted to a Part II information alleging a prior conviction of first-degree burglary. He was sentenced on February...

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