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STATE v. BURDICK

No. 23598.

712 N.W.2d 5 (2006)

2006 SD 23

STATE of South Dakota, Plaintiff and Appellant, v. Thomas Scott BURDICK, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 8, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Katie L. Hansen, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Douglas M. Dailey, Timothy G. Bottum of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice.

[¶ 1.] Thomas Burdick was charged with twenty counts of third degree burglary and twenty counts of petty theft. After a preliminary hearing, the circuit court dismissed all of the burglary counts. The state appeals from the circuit court's order. We reverse and remand.

FACTS1

[¶ 2.] The defendant, Thomas Burdick (Burdick), was employed by Land O' Lakes as a milk truck driver and delivery...

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