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STATE v. YOUNG

No. 21665.

630 N.W.2d 85 (2001)

2001 SD 76

STATE of South Dakota, Plaintiff and Appellant, v. Kenneth L. YOUNG, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 13, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jason A. Glodt, Assistant Attorney General, Pierre, SD, Attorneys for plaintiff and appellant.

Gary Colbath, Jr., Rapid City, SD, Attorney for defendant and appellee.

AMUNDSON, Justice.

[¶ 1.] The State filed a petition for intermediate appeal, granted by this Court, from a judgment holding that the double penalty provision provided by SDCL 32-22-56 does not apply to overweight axle violations. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On March 2, 2000, Kenneth Young picked up a load of hay near Worland, Wyoming and was headed home to Wisconsin. He was driving his own semi-tractor pulling a new 1999 flatbed...

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