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STATE v. WILSON

Nos. 21304, 21305.

618 N.W.2d 513 (2000)

2000 SD 133

STATE of South Dakota, Plaintiff and Appellant, v. Robert Owen WILSON, Defendant and Appellee. State of South Dakota, Plaintiff and Appellant, v. Nicholas Palmer Blommer, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 18, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Ann D. Meyer, Assistant Attorney General, Pierre, for plaintiff and appellant.

James R. Haar, Tripp, for defendant and appellee Wilson.

William J. Klimisch of Goetz and Klimisch, Yankton, for defendant and appellee Blommer.

GILBERTSON, Justice.

[¶ 1.] The defendants were arrested in a motel room, which was searched pursuant to a search warrant. The trial court suppressed the evidence seized as to both defendants because the judge who issued this warrant acted outside the circuit to which he had been elected. The State appeals the orders suppressing the evidence seized pursuant to an intermediate appeal granted by this Court. We affirm.

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