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STATE v. EKREN

No. 21600.

623 N.W.2d 448 (2001)

STATE of South Dakota, Plaintiff and Appellee, v. Nelda EKERN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 26, 2001.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Jason A. Glodt, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

Kelly D. Frazier, Pennington County Public Defender's Office, Rapid City, South Dakota, Attorneys for defendant and appellant.

PER CURIAM.

[¶ 1.] An attorney with the Pennington County Public Defender once again claims a sentence violates the constitutional protection against cruel and unusual punishment.1 Here, the claim is that a two year penitentiary sentence for third offense felony DUI is constitutionally infirm. This suggestion "borders on the bizarre." State v. Winchester, 438 N.W.2d 555, 556 (S.D. 1989)....

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