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STATE v. ANDERS

No. 24856.

763 N.W.2d 547 (2009)

2009 SD 15

STATE of South Dakota, Plaintiff and Appellant, v. Martha ANDERS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 11, 2009.

Attorney(s) appearing for the Case

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

Paula D. Camp, Amy Yanni, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellee.

SABERS, Retired Justice.

[¶ 1.] The State appeals the circuit court's decision that a felony driving under the influence (DUI) conviction cannot be used to enhance the sentence for a principal felony. We reverse.

FACTS

[¶ 2.] On December 20, 2007, Martha Anders was indicted for conspiracy to commit first degree murder and attempted first degree murder, or in the alternative, aggravated assault. The State later filed a Part II Information...

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