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STATE v. MILK

No. 20869.

607 N.W.2d 14 (2000)

2000 SD 28

STATE of South Dakota, Plaintiff and Appellee, v. Mark MILK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 23, 2000.

Attorney(s) appearing for the Case

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

John A. Schlimgen of Stuart, Gerry & Schlimgen, Sioux Falls, South Dakota, Attorneys for defendant, and appellant.

GILBERTSON, Justice

[¶ 1.] Defendant Mark Milk (Milk) appeals a life sentence for first-degree manslaughter as cruel and unusual punishment. Milk also appeals the trial court's denial of his motion to reopen the resentencing hearing to present psychological testimony. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On the morning of October 3, 1993, Milk, age 19 was involved in several altercations with Shawn Peneaux (Peneaux) outside of the John...

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