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STATE v. STARK

No. 25586.

802 N.W.2d 165 (2011)

2011 SD 46

STATE of South Dakota, Plaintiff and Appellee, v. Kenneth Dale STARK, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 10, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Craig M. Eichstadt , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Matthew L. Olson , Minnehaha County Public, Defender's Office, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Kenneth Dale Stark appeals his conviction on two counts of loitering in a community safety zone in violation of SDCL 22-24B-24. Stark appeals, raising four issues: (1) that the South Dakota statutes prohibiting sex offenders from loitering in a community safety zone are unconstitutional; (2) that the trial court erred by allowing the State to amend the Part II Information to include the correct location of his prior felony conviction...

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