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STATE v. KOCH

No. 26170.

818 N.W.2d 793 (2012)

2012 S.D. 59

STATE of South Dakota, Plaintiff and Appellee, v. Courtney Jo KOCH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 1, 2012.

Attorney(s) appearing for the Case

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

Drew C. Duncan , Daniel K. Brendtro , Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Courtney Koch was arrested for DUI on February 27, 2011. The magistrate judge entered an order suppressing all evidence obtained from the initial traffic stop. The State appealed to the circuit court. Koch moved to dismiss the appeal, which the circuit court denied. This Court granted Koch's petition for intermediate appeal. The issue is whether the circuit court had jurisdiction to entertain the State's appeal from the magistrate's...

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