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STATE v. BLAKEY

No. 21790.

635 N.W.2d 748 (2001)

2001 SD 129

STATE of South Dakota, Plaintiff and Appellant, v. Robert William BLAKEY, Jr., Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

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

PER CURIAM.

[¶ 1.] The State appeals the dismissal of an indictment charging Robert Blakey Jr. with one count of possession of a controlled substance. We reverse and remand.

FACTS

[¶ 2.] Blakey was arrested for a parole violation for driving with a revoked license. He was taken to jail for the offense and his parole officer was contacted. The parole officer ordered that a urinalysis be conducted and Blakey tested positive for the presence...

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