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STATE v. OVERBEY

Nos. 25431, 25432.

790 N.W.2d 35 (2010)

2010 S.D. 78

STATE of South Dakota, Plaintiff and Appellee, v. Robert P. OVERBEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 6, 2010.

Attorney(s) appearing for the Case

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

David L. Claggett , Spearfish, South Dakota, Attorney for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Defendant appeals his convictions for Possession of a Controlled Substance with Intent to Distribute, Possession of a Controlled Substance, and Possession of Marijuana under claims of violation of the Fourth Amendment. He also appeals the sufficiency of the evidence for the convictions. In addition, Defendant challenges his conviction on the Failure to Appear charge based on his contention that his underlying criminal convictions...

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