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STATE v. ASMUSSEN

No. 22632.

668 N.W.2d 725 (2003)

2003 SD 102

STATE of South Dakota, Plaintiff and Appellant, v. David J. ASMUSSEN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 20, 2003.

Rehearing Denied September 29, 2003.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, South Dakota, for plaintiff and appellant.

Rick A. Ribstein, Donald M. McCarty of McCann, Ribstein & Hogan, Brookings, South Dakota, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] The State filed a complaint against David J. Asmussen (Asmussen) for three counts of stalking. The second count of the complaint charged that Asmussen committed the public offense of stalking (SDCL 22-19A-1(3) and 22-6-2(1)) by willfully, maliciously, and repeatedly harassing Pamela Dunn by means of verbal, electronic, mechanical, telegraphic, or written communications. Asmussen filed a motion to dismiss count II of the complaint asserting...

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