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STATE v. HIRNING

No. 25776.

804 N.W.2d 422 (2011)

2011 S.D. 59

STATE of South Dakota, Plaintiff and Appellee, v. Milo Walter HIRNING, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 21, 2011.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Max A. Gors , Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Steve Miller , Sioux Falls, South Dakota, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Milo Hirning pleaded guilty to unauthorized possession of a controlled substance and admitted to being a habitual offender. On appeal, he argues his waiver of counsel was not voluntary, knowing, and intelligent. We reverse and remand.

FACTS

[¶ 2.] In January 2010, Hirning was on parole, living in his home in Aberdeen, South Dakota. Police were looking for an absconder, Jesse Madsen, and located Jesse's...

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