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STATE v. OUTKA

No. 26599.

844 N.W.2d 598 (2014)

2014 S.D. 11

STATE of South Dakota, Plaintiff and Appellee, v. Mark OUTKA, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 26, 2014.

Attorney(s) appearing for the Case

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

Terry L. Pechota , Rapid City, South Dakota, Attorney for defendant and appellant.

WILBUR, Justice.

[¶ 1.] Mark Outka appeals the magistrate court's denial of his post-sentencing motion to withdraw his guilty plea.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Outka was charged by information with alternative counts of simple assault for an altercation involving his live-in girlfriend, Jillian Anderson. Although the caption of the information included the words "domestic abuse," the rest of the information made no reference to...

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