STATE v. IWAN

No. 25196.

791 N.W.2d 788 (2010)

2010 SD. 92

STATE of South Dakota, Plaintiff and Appellee, v. Mark IWAN d/b/a Belvidere Store, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 8, 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.

David W. Siebrasse , Pierre, South Dakota, Attorney for defendant and appellant.


KONENKAMP, Justice.

[¶ 1.] Defendant was convicted in Hutchinson County of grand theft by passing an insufficient funds check in Jackson County. His motion to dismiss for lack of proper venue was denied because the circuit court reasoned that the ultimate recipient of the check was in Hutchinson County. On appeal, we conclude that the acts constituting the offense occurred in Jackson County, and therefore, the case should have been dismissed for lack of proper...

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