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TURNER v. WEBER

No. 21876.

635 N.W.2d 587 (2001)

2001 SD 125

Charles World TURNER, Petitioner and Appellee, v. Douglas WEBER, Warden, South Dakota State Penitentiary, Respondent and Appellant.

Supreme Court of South Dakota.

Decided October 24, 2001.

Attorney(s) appearing for the Case

Jerry L. Pollard of Kabeiseman & Pollard, Yankton, South Dakota, Attorneys for petitioner and appellee.

Mark Barnett, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, South Dakota, Attorneys for respondent and appellant.

PER CURIAM.

[¶ 1.] The State appeals an order granting Charles World Turner's petition for habeas corpus relief from his sentences for third offense driving while under the influence of alcohol (DUI) and attempted manslaughter and remanding his case to the trial court for resentencing. We reverse.

FACTS

[¶ 2.] In May 1997, World Turner was arrested in Yankton, South Dakota for third offense DUI. In August, he was again arrested in Yankton...

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