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STATE v. HETZEL

No. 20591.

598 N.W.2d 867 (1999)

1999 SD 86

STATE of South Dakota, Plaintiff and Appellant, v. Christopher HETZEL, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned June 11, 1999.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John E. Haak, Assistant Attorney General, Sioux Falls, South Dakota, for plaintiff and appellant.

John P. Peterson of Johnson, Eklund, Nicholson,Peterson and Fox, Sioux Falls, South Dakota, for defendant and appellee.

GILBERTSON, Justice (on reassignment).

[¶ 1.] The trial court dismissed with prejudice the State's indictment of Christopher Hetzel due to an alleged violation of SDCL 23A-44-5.1 (180-day rule). State appeals and we reverse.

FACTS

[¶ 2.] On September 27, 1997, Hetzel was arrested without a warrant on three uniform traffic tickets. He was taken to the Bon Homme county jail and held on a $1,000 cash bond. The tickets charged the offenses...

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