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STATE v. DOWTY

No. 26559.

838 N.W.2d 820 (2013)

2013 S.D. 72

STATE of South Dakota, Plaintiff and Appellee, v. Earl David DOWTY, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 9, 2013.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Kelly Marnette , Assistant Attorney General, Pierre, South Dakota, for plaintiff and appellee.

Todd A. Love , Bettmann Hogue Law Firm, Prof. LLC, Rapid City, South Dakota, Larry D. Hollmann , Hollmann and Hollmann, Chamberlain, SD, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Earl Dowty and his stepson Wayne Richards were jointly charged with 13 felonies as a result of three burglaries committed in Mellette County, South Dakota. Richards pleaded guilty to two charges stemming from one of the burglaries. Prior to trial, Dowty filed a motion to sever charges and for relief from prejudicial joinder. The trial court denied Dowty's motion, and the case proceeded to trial. At trial, Dowty moved for judgment...

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