State v. Diede

HERTZ, Circuit Judge.

This is an appeal by defendant and appellant from his conviction of the offense of making unlawful telephone calls. SDCL 49-31-31(4). Two separate informations were filed against appellant charging the same offense, the first by David K. Decker and the second by his wife, Marilyn Decker. These two informations were consolidated for the purposes of trial. On July 15, 1981, the jury found appellant guilty on each charge, and shortly after the verdict that same day, the court sentenced appellant to one year in the county jail on each charge and ordered that the sentences…