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STATE v. MORRISON

No. 24848.

759 N.W.2d 118 (2008)

2008 SD 116

STATE of South Dakota, Plaintiff and Appellee, v. Ashley David MORRISON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 3, 2008.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, John M. Strohman, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Terry L. Pechota, Pechota Law Office, Rapid City, South Dakota, Attorney for defendant and appellant.

PER CURIAM.

[¶ 1.] Alleging that the State breached the terms of his plea agreement, Ashley David Morrison (Morrison) appeals his sentence. Morrison requests that his sentence be vacated and the matter be remanded for resentencing before a different judge.

FACTS

[¶ 2.] Morrison was charged with a violation of SDCL 22-22-7, sexual contact with a child under sixteen.1 Morrison and the states attorney reached a...

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