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STATE v. APPLE

No. 24672.

759 N.W.2d 283 (2008)

2008 SD 120

STATE of South Dakota, Plaintiff and Appellee, v. Duane APPLE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 17, 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.

Murl L. Woods, Rapid City, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Duane Apple appeals his judgment and sentence for the crimes of Third and Fourth Degree Burglary. He claims that his guilty plea was not intelligent and voluntary. Based on the totality of the circumstances, we agree and reverse and remand.

FACTS AND PROCEDURAL BACKGROUND

[¶ 2.] Apple was arrested and charged in a four-count complaint, including one count of Third Degree Burglary, two counts of Fourth Degree...

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