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BRAKEALL v. WEBER

No. 22592.

668 N.W.2d 79 (2003)

2003 SD 90

Winston G. BRAKEALL, Petitioner and Appellant, v. Douglas WEBER, Warden South Dakota State Penitentiary, Respondent and Appellee.

Supreme Court of South Dakota.

Decided July 30, 2003.

Attorney(s) appearing for the Case

Timothy J. Wilka, Sioux Falls, South Dakota, Attorney for petitioner and appellant.

John M. Strohman, Assistant Attorney General, Lawrence E. Long, Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.

GILBERTSON, Chief Justice

[¶ 1.] Winston Brakeall petitions this Court for a writ of habeas corpus alleging his guilty pleas for two counts of rape and two counts of sexual contact were not knowing and voluntary; his counsel was ineffective; and the preparation and introduction of the presentence investigation report violated his right to due process of law. The habeas court denied Brakeall's request for a writ of habeas corpus. We affirm.

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