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STATE v. RED STAR

No. 21309.

625 N.W.2d 573 (2001)

2001 SD 54

STATE of South Dakota, Plaintiff and Appellee, v. Thomas D. RED STAR, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 2, 2001.

Attorney(s) appearing for the Case

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

Lelia L. Hood, Pierre, for defendant and appellant.

AMUNDSON, Justice.

[¶ 1.] Thomas Red Star was convicted of first-degree burglary and attempted second-degree rape. We affirm in part, reverse in part and remand.

FACTS

[¶ 2.] On July 1, 1998, Thomas Red Star accompanied a friend to a house party in Pierre, South Dakota. The party took place inside an apartment within an apartment complex, where Shannon Spears resided. At the party, alcohol was consumed until the early morning hours. Because...

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