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STATE v. BRADLEY

No. 25326.

782 N.W.2d 674 (2010)

2010 SD 40

STATE of South Dakota, Plaintiff and Appellee, v. Joseph E. BRADLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 12, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bradley T. Borge, Dakota Plains Legal Services, Public Advocacy Project, Rapid City, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Defendant was convicted of two counts of first degree escape and one count of simple assault on a public officer. He appeals on grounds that the court abused its discretion when it refused to sever the charges and erred when it failed to grant his motion for judgment of acquittal. Because defendant was not in the immediate custody of a law enforcement officer or a Department of Corrections employee on one of the two occasions when he...

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