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STATE v. DASSINGER

No. 12988.

294 N.W.2d 926 (1980)

STATE of South Dakota, Plaintiff and Appellee, v. Lawrence J. DASSINGER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 23, 1980.

Attorney(s) appearing for the Case

Michael V. Black, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John S. Lovald of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for defendant and appellant.

MORGAN, Justice.

Appellant was found guilty of driving while under the influence (DWI), and although he argued that it could not be considered a third DWI offense within four years under SDCL 32-23-4,1 (see also SDCL 32-23-4.1),2 the trial court found him guilty of such an offense and sentenced him to two years in the South Dakota State Penitentiary in Sioux Falls. Appellant appeals from that judgment and sentence...

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