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STATE v. WELL

No. 21188.

620 N.W.2d 192 (2000)

2000 SD 156

STATE of South Dakota, Plaintiff and Appellee, v. Gatluak Puot WELL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 20, 2000.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellee.

Scott Carlson, Julie Hofer, Minnehaha County Public Defender's Office, Sioux Falls, SD, Attorneys for defendant and appellant.

SABERS, Justice

[¶ 1.] A jury found Gatluak Puot Well guilty of aggravated assault with a dangerous weapon (aggravated assault) and abuse or cruelty to a minor (abuse). Well was sentenced by the court on the conviction for abuse and no sentence was entered on the conviction for aggravated assault. We affirm the conviction for abuse but remand for reconsideration of the sentence and reverse the conviction for aggravated assault as mutually exclusive.

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