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STATE v. REED

No. 25160.

787 N.W.2d 1 (2010)

2010 SD 66

STATE of South Dakota, Plaintiff and Appellee, v. Willie REED, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 4, 2010.

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.

Michael Stonefield, Rapid City, South Dakota, Attorney for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] This appeal presents the question whether a verbal agreement to purchase illegal drugs in the future, without the presence of either the drugs or the purchase money, constitutes an attempt to possess a controlled substance. An undercover agent offered, and defendant accepted, an opportunity to buy a quantity of ecstasy for an agreed price. But no exchange of money or drugs ever occurred. Denying...

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