State v. Horst

WUEST, Justice.

ACTION

The State of South Dakota appeals from a circuit court order dismissing an appeal *863filed in circuit court on the grounds that the appeal was filed with the wrong court. We affirm.

FACTS

An information was filed in the magistrate division of the circuit court in the Second Judicial Circuit charging Greg Eugene Horst (Horst) with driving while under the influence of alcoholic beverages in violation of SDCL 32-23-1. Part II of the information charged that Horst had previously been convicted of SDCL 32-23-1. The offense is a Class 1 misdemeanor. SDCL 32-23-3.

Circuit Judge Judith…