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STATE v. ARGUELLO

No. 22337.

655 N.W.2d 451 (2002)

2002 SD 157

STATE of South Dakota, Plaintiff and Appellee, v. Jose F. ARGUELLO, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 18, 2002.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bryan T. Andersen, Office of Public Defender, Rapid City, South Dakota, Attorneys for defendant and appellant.

PER CURIAM.

[¶ 1.] Jose Arguello appeals a habitual offender conviction following his guilty plea to driving under the influence (DUI) contending his prior convictions are void for sentence enhancement purposes and application of the prior convictions to enhance the penalty violates the constitutional prohibition against ex post facto laws.

FACTS AND PROCEDURE

[¶ 2.] The facts of this case are undisputed. Arguello pled guilty to driving...

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