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STATE v. HOFER

No. 18107.

512 N.W.2d 482 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Shawn David HOFER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 23, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen. and Joan Boos Schueller, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Steve Jorgensen, Sioux Falls, for defendant and appellant.

MILLER, Chief Justice.

Shawn David Hofer appeals his conviction for driving while under the influence of alcohol and his conviction as a habitual offender. We affirm.

FACTS

Hofer was charged with driving under the influence of alcohol. State also filed a Part II information alleging that Hofer had two prior convictions for driving under the influence. The DUI case was tried to a jury on July 30, 1992. Over Hofer's objection, the trial judge allowed...

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