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STATE v. BILBEN

No. 26782.

846 N.W.2d 336 (2014)

2014 S.D. 24

STATE of South Dakota, Plaintiff and Appellee, v. Wayne BILBEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 23, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Matthew J. Kinney , Spearfish, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] In 2012, Wayne Bilben was charged with driving under the influence of alcohol. A part II information alleged that he had three prior DUI convictions within the last ten years (in 2003, 2004, and 2007). Bilben moved to strike the prior convictions. He claimed that he pleaded guilty to the prior DUI charges without adequate Boykin advisements, rendering the prior convictions invalid. The circuit court denied his motion. On appeal...

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