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STATE v. POWERS

No. 24790.

758 N.W.2d 918 (2008)

2008 SD 119

STATE of South Dakota, Plaintiff and Appellee, v. Randy W. POWERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Bryan T. Andersen, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

PER CURIAM.

[¶ 1.] Randy W. Powers appeals the circuit court's method of calculating the ten-year period for determining penalty enhancement in cases involving multiple driving under the influence offenses. We affirm.

Facts and Procedural History

[¶ 2.] On June 30, 2007, Powers was arrested for driving under the influence of alcohol. Powers was later charged under SDCL 32-23-1(2), or in the alternative, SDCL 32-23-1(1). In addition...

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