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STATE v. HARRIS

No. 25461.

789 N.W.2d 303 (2010)

2010 S.D. 75

STATE of South Dakota, Plaintiff and Appellee, v. Ernest HARRIS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 22, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Andrew J. Knecht , Assistant Attorney General Pierre, SD, Attorneys for plaintiff and appellee.

Mark Kadi , Minnehaha County Office of the Public Advocate, Sioux Falls, SD, Attorney for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Ernest Harris was convicted of two counts of Distribution of a Controlled Substance in violation of SDCL § 22-42-2. He appeals, arguing that the trial court abused its discretion by admitting audio recordings of the two controlled buys of crack cocaine into evidence and by providing the jury with an aiding and abetting instruction. We affirm the trial court.

BACKGROUND

[¶ 2.] In June 2008, a confidential informant...

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