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STATE v. HERRBOLDT

No. 20625.

593 N.W.2d 805 (1999)

1999 SD 55

STATE of South Dakota, Plaintiff and Appellant, v. Todd HERRBOLDT, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Craig M. Eichstadt, Deputy Atty. Gen., Pierre, for plaintiff and appellant.

Larry F. Hosmer of Hosmer and Kettering, Yankton, for defendant and appellee.

SABERS, Justice

[¶ 1.] State appeals the suppression of Todd Herrboldt's arrest for driving under the influence and resisting arrest. We reverse and remand.

FACTS

[¶ 2.] The magistrate judge granted the motion to suppress relying on a stipulation of facts by Herrboldt and State. The stipulation states:

On March 5, 1998 several officers of the Yankton Police Department and Yankton County Sheriff were investigating an armed robbery...

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