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2005 S.D. 22

State v. Anderson

South Dakota Supreme Court

Decided February 16, 2005

South Dakota Supreme Court · decided 2005-02-16

Cited by 9 later decisions — most recently January 2019

9 state decisions

Applies SD 15 § 15-26A-87.1 · SD 22 § 22-7-9

Good law ✅— No negative treatment on recordhow we know

Decided 2005-02-16

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SABERS, Justice

¶1(concurring in result).

¶2[¶ 40.] I concur in result because it is settled law that these two drug convictions were separate transactions. SDCL 22-7-9. In fact, I would affirm and expedite the opinion under settled South Dakota law. SDCL 15-26A-87.1.

¶3[¶ 41.] I agree that it is unnecessary to address Issues 2 and 3. Therefore, I see no reason to “review the pertinent case law on separate transactions within the context of our habitual offender sentencing scheme.” (See opinion, paragraph 31). Likewise, I would omit paragraphs 32, 33, 34 and 35 as unnecessary.

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