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STATE v. ANDERSON

No. 23225.

693 N.W.2d 675 (2005)

2005 SD 22

STATE of South Dakota, Plaintiff and Appellee, v. David Lynn ANDERSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Rick L. Ramstad of Wilka & Ramstad, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] David Lynn Anderson appealed the denial of a second motion to correct his 125-year sentence on a 1995 conviction for vehicular homicide. Defendant's sentence was enhanced under the habitual offender provision after he pled guilty to a Part II Information that included a 1988 felony conviction for grand theft, and two 1990 felony drug convictions. Defendant contended his sentence was illegally enhanced using three prior felony...

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