STATE v. SATTER

No. 24992.

766 N.W.2d 153 (2009)

2009 SD 35

STATE of South Dakota, Plaintiff and Appellee, v. Shane Allen SATTER, Defendant and Appellant.

Supreme Court of South Dakota.

Considered on Briefs March 23, 2009.


Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Frank Geaghan, Assistant Attorney General, Pierre, for plaintiff and appellee.

Darren J. Magee, Minnehaha County Public, Defender's Office, Sioux Falls, for defendant and appellant.


PER CURIAM.

[¶ 1.] A "concerned citizen" eyewitness told a police officer that he had seen two men drinking beer in a van parked next to the eyewitness in a parking lot. The police officer executed a traffic stop on the van after it was driven out of the parking lot. As a result of this stop, Shane Allen Satter was convicted of violating SDCL 32-23-1, driving a vehicle while having 0.08 percent or more BAC. Satter appeals his conviction, claiming that the eyewitness...

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