STATE v. GUTHMILLER

No. 26695.

843 N.W.2d 364 (2014)

2014 S.D. 7

STATE of South Dakota, Plaintiff and Appellee, v. Richard W. GUTHMILLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 12, 2014.


Attorney(s) appearing for the Case

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

John S. Rusch of Rensch Law, Prof. LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.


ZINTER, Justice.

[¶ 1.] A jury found Richard Guthmiller guilty of eight counts of making false or fraudulent sales tax returns. On appeal, Guthmiller argues that the circuit court erred in denying his Batson challenges to three peremptory strikes exercised by the State. He also argues that the court erred in denying his motion for judgment of acquittal. We affirm the circuit court's denial of the motion for judgment of acquittal, but we remand for the...

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