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STATE v. WHISTLER

No. 26588.

851 N.W.2d 905 (2014)

2014 S.D. 58

STATE of South Dakota, Plaintiff and Appellee, v. Sean WHISTLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 30, 2014.

Reassigned April 18, 2014.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, John M. Strohman , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

G. Matthew Pike of Lawrence County Public Defender's Office, Deadwood, South Dakota, Attorneys for defendant and appellant.

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] Defendant appeals his convictions for possession of a controlled substance in violation of SDCL 22-42-5 (2012) and ingestion of a substance for the purpose of becoming intoxicated in violation of SDCL 22-42-15. He challenges South Dakota's statutory scheme defining a controlled substance to include an altered state of a drug or substance absorbed into the human body. He also alleges insufficient evidence to...

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