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STATE v. CHRISTIAN

No. 20466.

588 N.W.2d 881 (1999)

1999 SD 4

STATE of South Dakota, Plaintiff and Appellee, v. Fred Albert CHRISTIAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 13, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Michele K. Bennett, Assistant Attorney General, Pierre, for plaintiff and appellee.

Mark Kadi, Minnehaha County Public Defender's Office, Sioux Falls, for defendant and appellant.

SABERS, Justice.

[¶ 1.] Christian appeals the revocation of his suspended sentence. We reverse and remand.

FACTS

[¶ 2.] Christian was convicted of aggravated assault by a Minnehaha County jury on July 23, 1996. He was sentenced on October 24, 1996 to an indeterminate sentence in the state penitentiary of not less than three years and not more than eight years. The trial judge suspended the sentence upon several conditions, including that...

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