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STATE v. MIRANDA

No. 25070.

776 N.W.2d 77 (2009)

2009 SD 105

STATE of South Dakota, Plaintiff and Appellee, v. Adan MIRANDA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 2, 2009.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Ann C. Meyer, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Jack C. Magee, Magee Law Office, Pierre, South Dakota, Attorney for defendant and appellant.

MILLER, Retired Justice.

[¶ 1.] In this decision, we affirm the circuit court and hold it did not err in refusing to dismiss charges of third degree burglary or in permitting other acts evidence from defendant's earlier burglary conviction.

[¶ 2.] In January 2008, Adan Miranda was a patron at the American Legion (Legion) in Pierre, South Dakota; however, he remained in the establishment after closing time without permission. After a silent alarm...

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