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STATE v. WEAVER

No. 21889.

648 N.W.2d 355 (2002)

2002 SD 76

STATE of South Dakota, Plaintiff and Appellee, v. Mark WEAVER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 2, 2002.

Attorney(s) appearing for the Case

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

Mark S. Falk, Rapid City, South Dakota, Attorney for defendant and appellant.

PER CURIAM.

[¶ 1.] Mark S. Weaver appeals from a judgment of conviction of simple assault. He claims the trial court erred in denying his motion for a new trial and in allowing expert witness testimony, and further claims that his sentence unlawfully exceeds the maximum statutory limits. We affirm the judgment of conviction, but remand for correction of Weaver's sentence.

FACTS AND PROCEDURE

[¶ 2.] Weaver met Maria Waichler in July 1999...

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