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STATE v. SORENSEN

Nos. 20548, 20549.

597 N.W.2d 682 (1999)

1999 SD 84

STATE of South Dakota, Plaintiff and Appellant, v. Shay L. SORENSEN, Dennis A. Hawk, Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Pierre, John E. Haak, Assistant Attorney General, Sioux Falls, for plaintiff and appellant.

Scott J. Podhradsky of Wipf and Cotton Law Office, Wagner, for defendant and appellee Sorensen.

Thomas E. Alberts, Avon, for defendant and appellee Hawk.

GILBERTSON, Justice

[¶ 1.] This is an appeal by the State of South Dakota (State) from a judgment of the First Judicial Circuit, Bon Homme County, dismissing the indictments of Dennis A. Hawk (Hawk) and Shay L. Sorensen (Sorensen) with prejudice for a violation of SDCL 23A-44-5.1 (the 180-day rule). We reverse and remand for trial.

FACTS AND PROCEDURE

[¶ 2.] Defendants Hawk and Sorensen...

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