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STATE v. HERRMANN

No. 22892.

679 N.W.2d 503 (2004)

2004 SD 53

STATE of South Dakota, Plaintiff and Appellee, v. Brandon Lee HERRMANN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, SD, Attorney for plaintiff and appellee.

Darren Magee, Office of the Minnehaha Co., Public Defender, Sioux Falls, SD, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] After a jury convicted Brandon Lee Herrmann of kidnapping and raping a seven year old child, Herrmann was sentenced to life imprisonment in the South Dakota State Penitentiary without the possibility of parole. On appeal, Herrmann argues the trial court abused its discretion when it allowed into evidence particular photographs and videotape demonstrating the injuries sustained by the victim. He also challenges the trial court...

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