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STATE v. WHEELER

No. 26285.

835 N.W.2d 871 (2013)

2013 S.D. 59

STATE of South Dakota, Plaintiff and Appellee. David Duane WHEELER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 2013.

Attorney(s) appearing for the Case

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

Kenneth M. Tschetter of Nicholson, Tschetter, Adams & Nicholson, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] David Wheeler appeals his convictions for possession of marijuana and drug paraphernalia.

Background

[¶ 2.] On January 15, 2011, around 2:00 a.m., after twelve shots of tequila each, Wheeler and his girlfriend, Nateema Lewis, quarreled in Lewis's apartment. A neighbor called 911. Law enforcement officers arrived to find Lewis and Wheeler disorderly and intoxicated. Officer Joseph Martyna took Wheeler outside,...

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