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STATE v. DAVIS

No. 20826.

598 N.W.2d 535 (1999)

1999 SD 98

STATE of South Dakota, Plaintiff and Appellant, v. Shane DAVIS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Pierre, Assistant Attorney General, Attorneys for plaintiff and appellant.

Gregory T. Brewers of Frieberg, Rudolph & Nelson, Beresford, Attorney for defendant and appellee.

PER CURIAM.

[¶ 1.] The State appeals the dismissal of a part two information charging Shane Davis with fourth offense driving while under the influence of alcohol (DUI). We reverse and remand.

FACTS

[¶ 2.] Davis is from Castana, Iowa and was arrested for DUI in Union County, South Dakota in September 1998. After his arrest, the State filed an information charging him with one count of DUI and one count of driving with a revoked license...

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