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  5. 572 N.W.2d 840 (1998)
 

APPLICATION OF NOVAOCK

No. 20036.

572 N.W.2d 840 (1998)

1998 SD 3

In the Matter of the Application of Kurt A. NOVAOCK, for a Writ of Habeas Corpus and alternatively for a Writ of Error Coram Nobis.

Supreme Court of South Dakota.

Decided January 7, 1998.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, for plaintiff and appellee.

Gary W. Conklin of Galland Legal Clinic, Sioux Falls, for defendant and appellant.

SABERS, Justice.

[¶ 1] Kurt Novaock appeals dismissal of his second petition for writ of habeas corpus and alternative writ of error coram nobis. We affirm.

FACTS

[¶ 2] Novaock and Lewis Ashker were indicted for the June 1985 murder of Jerry Plihal. Novaock was convicted of murder in the first degree while engaged in the felony of robbery or burglary under SDCL 22-16-4, which then provided:

Homicide is murder in the first degree...

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