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STATE v. MILLER

No. 23846.

717 N.W.2d 614 (2006)

2006 SD 54

STATE of South Dakota, Plaintiff and Appellee, v. Myron MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 21, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Jeremy Lund, Special Assistant Attorney General, Legal Division, Department of Social Services, Pierre, South Dakota, Attorneys for plaintiff and appellee.

John R. Murphy, Rapid City, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Myron Miller (Miller) was charged by indictment and arraigned on three counts of first degree rape and three alternative counts of sexual contact with a child under the age of sixteen. He was informed of the possible maximum penalty at the arraignment but not the mandatory minimum. Miller pleaded not guilty and proceeded to trial. He was convicted on two counts of sexual contact with a child under the age of sixteen and sentenced...

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