Application of Garritsen

HENDERSON, Justice.

This is an appeal from an Order denying an Application for Writ of Habeas Corpus. We reverse and remand for resentencing.

On January 27, 1970, David W. Garritsen (Garritsen), appellant-applicant herein, and three other codefendants, were arraigned in Sioux Falls Municipal Court on charges of third-degree burglary. During this hearing, the complaint charging the crime of third-degree burglary was read to the defendants and the Municipal Court explained the following: (1) the right to counsel and the appointment thereof if indigent; (2) the right to a preliminary hearing; (3)…