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STATE v. ANDREWS

No. 24962.

767 N.W.2d 181 (2009)

2009 SD 41

STATE of South Dakota, Plaintiff and Appellant, v. Doug ANDREWS, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned March 31, 2009.

Decided June 3, 2009.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Todd A. Love, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Robert Van Norman of Nooney, Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] Defendant was indicted on multiple counts, but the State dismissed the indictment, only to later reindict him on essentially identical charges. Defendant moved to dismiss the subsequent indictment, claiming a violation of the 180-day rule. In granting the motion to dismiss, the circuit court calculated the 180 days from the date of defendant's appearance on the first indictment and, after excluding certain days, concluded...

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