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STATE v. KVASNICKA

No. 26176.

829 N.W.2d 123 (2013)

2013 S.D. 25

STATE of South Dakota, Plaintiff and Appellee, v. Tammy Jean KVASNICKA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 27, 2013.

Attorney(s) appearing for the Case

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

Nicole J. Laughlin , Marcus Walton of Minnehaha County, Public Defender's Office, Sioux Falls, South Dakota, Attorney for defendant and appellant.

WILBUR, Justice.

[¶ 1.] Tammy Kvasnicka was convicted by a jury of first-degree manslaughter by means of a dangerous weapon, vehicular homicide, vehicular battery, and driving under the influence (DUI). Kvasnicka was acquitted of two charges of first-degree manslaughter while engaged in the commission of a felony. In her appeal to this Court, Kvasnicka argues that the language "while engaged in the commission of a felony" was prejudicial when referring to the...

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