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STATE v. LITSCHEWSKI

No. 25876.

807 N.W.2d 230 (2011)

2011 S.D. 88

STATE of South Dakota, Plaintiff and Appellee, v. Richard LITSCHEWSKI, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 21, 2011.

Attorney(s) appearing for the Case

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

David M. Hosmer , Yankton, South Dakota, for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Richard Litschewski appeals the circuit court's denial of his motion to vacate or modify an illegal sentence. He argues that his sentence was illegal because the circuit court imposed consecutive sentences in an order that was inconsistent with the chronological order in which his crimes occurred. We reverse the circuit court's denial of Litschewski's motion to modify an illegal sentence and remand for further proceedings.

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