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State v. Ekern
623 N.W.2d 449
S.D.
2001
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PER CURIAM

[¶ 1.] Within six weeks of committing the DUI in Appeal #21600, Ekern committed another. Pursuant to a plea agreement, she pled guilty to third offense felony DUI. The trial court sentenced her to two years in the penitentiary and ordered that this sentence be served consecutively to that in Appeal # 21600. Yet again an attorney with the Pennington County Public Defender has appealed arguing that this sentence is grossly disproportionate. Nonsense.

[¶ 2.] For the reasons set forth in Appeal #21600, the judgment is affirmed.

[¶ 3.] MILLER, Chief Justice, SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.

Case Details

Case Name: State v. Ekern
Court Name: South Dakota Supreme Court
Date Published: Feb 26, 2001
Citation: 623 N.W.2d 449
Docket Number: 21601
Court Abbreviation: S.D.
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