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STATE v. LEWANDOWSKI

No. 16984.

463 N.W.2d 341 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. Keith M. LEWANDOWSKI, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 21, 1990.

Attorney(s) appearing for the Case

Jeffrey P. Hallem, Asst. Atty. Gen., Roger A. Tellinghuisen, Atty. Gen., on brief, Pierre, for plaintiff and appellee.

William E. Coester, Milbank, for defendant and appellant.

MILLER, Chief Justice.

This is an appeal from the circuit court's order affirming defendant's magistrate court conviction for driving under the influence of alcoholic beverages, second offense. We affirm.

FACTS

Adeline and Bill Birchem live thirteen miles east of Sisseton, South Dakota. Their home, which was formerly known as the Rock Island Resort, is located by Lake Traverse on Roberts County Highway No. 7. On January 6, 7 and 8, 1989, there was...

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