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STATE v. STEPNER

No. 20385.

590 N.W.2d 905 (1999)

STATE of South Dakota, Plaintiff and Appellant, v. Byron Irwin STEPNER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Constance K. Nilles, Assistant Attorney General, Pierre, for plaintiff and appellant.

Keith A. Goehring, Parkston, for defendant and appellee.

MILLER, Chief Justice.

[¶ 1.] The State appeals the dismissal of controlled substance charges against Byron Stepner for violation of the "180 day rule." See SDCL 23A-44-5.1.1 We reverse and remand.

FACTS

[¶ 2.] In June 1996, Stepner and his wife were indicted for various controlled substance offenses. Stepner was indicted on one count each of possession of...

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