STATE v. SMITH

No. 26572.

840 N.W.2d 117 (2013)

2013 S.D. 79

STATE of South Dakota, Plaintiff and Appellant, v. Justin SMITH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 13, 2013.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Matt Naasz , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellant.

John R. Murphy , Rapid City, South Dakota, Attorney for defendant and appellee.


SEVERSON, Justice.

[¶ 1.] Justin Smith was charged with driving under the influence of alcohol (DUI) in Pennington County, South Dakota, on August 13, 2012. A Part II Information alleged that Smith had two previous DUI convictions within the last ten years, one in 2011 (Lawrence County, South Dakota) and the other in 2009 (Douglas County, Nebraska). Smith moved to strike the 2011 conviction from the Part II Information, claiming his guilty plea was constitutionally...

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