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STATE v. PODZIMEK

No. 25287.

779 N.W.2d 407 (2010)

2010 SD 17

STATE of South Dakota, Plaintiff and Appellee, v. Gary J. PODZIMEK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 24, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Chris A. Nipe of Larson and Nipe, Mitchell, South Dakota, Attorney for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] After Gary J. Podzimek defaulted on a loan to the Community Bank of Avon (Bank), the State charged him with grand theft for violating SDCL 22-30A-3. Podzimek claimed that the State failed to prove the elements of the crime and moved for a directed verdict. The circuit court denied the motion and submitted the case to the jury. The jury found Podzimek guilty of grand theft by deception. Podzimek...

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