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STATE v. CARUSO

No. 26351.

821 N.W.2d 386 (2012)

2012 S.D. 65

STATE of South Dakota, Plaintiff and Appellee, v. George J. CARUSO, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 12, 2012.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Ann C. Meyer , Assistant Attorney General, Pierre, SD, for plaintiff and appellee.

Alan P. Caplan , Henderson, NV, and Joseph E. Ellingson , Spearfish, SD, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] George J. Caruso was convicted of simple assault and sentenced to 360 days in the Meade County Jail. He sought bail pending appeal, in accord with SDCL 23A-43-16. The motion was denied. Caruso appeals. Under SDCL 15-26A-2, we granted Caruso's motion to suspend the rules and grant expedited proceedings.

Background

[¶ 2.] Caruso, a member of the Hells Angels Motorcycle Club, was convicted by a jury of simple assault...

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