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STATE v. FISHER

No. 26396.

828 N.W.2d 795 (2013)

2013 S.D. 23

STATE of South Dakota, Plaintiff and Appellee, v. Ernest Albert FISHER, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 13, 2013.

Attorney(s) appearing for the Case

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

Chris A. Nipe of Larson and Nipe, Mitchell, South Dakota, Attorney for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Defendant was retried on multiple rape and sexual contact offenses against his daughter after his 2008 conviction was overturned on direct appeal. A jury found Defendant guilty on all charges and he was sentenced by the trial court to sixty years in the penitentiary. Defendant appeals.

BACKGROUND

[¶ 2.] An overview of the factual history of this case is set forth in State v. Fisher (Fisher 1), 2010 S.D....

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