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STATE v. ERWIN

Nos. 26422, 26423.

831 N.W.2d 65 (2013)

2013 S.D. 35

STATE of South Dakota, Plaintiff and Appellant, v. Shane H. ERWIN, Defendant and Appellee. State of South Dakota, Plaintiff and Appellant, v. Richard H. Erwin, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 8, 2013.

Attorney(s) appearing for the Case

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

Terry J. Sutton , Watertown, South Dakota, Attorney for defendant and appellees.

SEVERSON, Justice.

[¶ 1.] On January 3, 2012, Shane Erwin was traveling with his father, Richard Erwin, through Watertown, South Dakota. While driving on U.S. Highway 212, Shane pulled his vehicle into the left turn lane at the intersection of 29th Street and signaled his intention to turn south onto 29th Street. While Shane was waiting for a green left turn arrow, Officer Kirk Ellis of the Watertown Police Department pulled into the left turn lane directly behind...

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