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PEOPLE EX REL. R.L.G.

No. 23681.

707 N.W.2d 258 (2005)

2005 SD 119

The PEOPLE of the State of South Dakota In the Interests of R.L.G., Minor Child, and concerning D.G., Respondent Mother, and R.G., Respondent Father.

Supreme Court of South Dakota.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Grant Gormley, Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee State of South Dakota.

Tressa Zahrbock, Minnehaha County Public Defender, Sioux Falls, South Dakota, Attorneys for appellant R.L.G.

PER CURIAM.

[¶ 1.] R.L.G. appeals his adjudication as a delinquent child for engaging in conduct that constituted the offense of simple assault under SDCL 22-18-1(4). We reverse.

FACTS

[¶ 2.] R.L.G. was a fifteen-year-old male high school student in Sioux Falls, South Dakota. R.L.G. was six-foot-five inches tall and weighed over two-hundred pounds at the time of this incident.

[¶ 3.] On November 5, 2004, R.L.G. disrupted a...

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