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STATE v. OBAN

No. 14496.

372 N.W.2d 125 (1985)

STATE of South Dakota, Plaintiff and Appellee, v. Randall Kenneth OBAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Thomas H. Harmon, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Max A. Gors of Gors, Braun & Carlon, Pierre, for defendant and appellant.

HENDERSON, Justice.

ACTION

This is an appeal from a circuit court order which revoked a gubernatorially commuted supervised suspended sentence and remitted Randall Kenneth Oban (appellant) to the South Dakota State Penitentiary to serve the remainder of a ten-year sentence.1 We reverse and remand to the Board of Pardons and Paroles with directions to conduct hearings consistent with the dictates of this ruling.

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