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STATE v. DUCHENEAUX

No. 24304.

738 N.W.2d 54 (2007)

2007 SD 78

STATE of South Dakota, Plaintiff and Appellant, v. Wayne L. DUCHENEAUX, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 25, 2007.

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.

Joseph M. Kosel of Johns & Kosel, Prof. L.L.C., Lead, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Wayne Ducheneaux was charged with driving while under the influence (DUI). A Part II Information alleging that this was a third DUI offense was also filed. The circuit court granted Ducheneaux's motion to strike the Part II Information. The State appeals. We reverse.

[¶ 2.] Ducheneaux was arrested in 2006 for driving with a blood alcohol content of 0.08 or more. He was alternatively charged with DUI under SDCL 32-23-1(1) and...

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