STATE v. MORATO

No. 21363.

619 N.W.2d 655 (2000)

2000 SD 149

STATE of South Dakota, Plaintiff and Appellee, v. Pedro MORATO, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 29, 2000.


Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Donald M. McCarty of McCann and Ribstein, Brookings, SD, Attorney for defendant and appellant.


KONENKAMP, Justice

[¶ 1.] The defendant, Pedro Morato, appeals his convictions on three counts of aggravated assault, contending that the circuit court erred in admitting his incriminating statements and in not suppressing a jack handle taken from his vehicle without a search warrant. We affirm these rulings, but reverse and remand for resentencing, as only one offense was committed, not three.

A.

[¶ 2.] At 4:00 a.m. on April 17, 1999,...

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