State v. Jones

FOSHEIM, Retired Justice.

A Butte County Grand Jury indicted Tracey Jones (Jones) on Count I, third-degree burglary; Count II, grand theft; Count III, aggravated assault; and Count IV, commission of a felony while armed with other than a machine gun or short shotgun. Jones appeals the petit jury conviction on *367all four counts. We reverse on the grounds the trial court’s application of SDCL 23A-10A-6.1 deprived Jones of his due process rights and a fair trial.

At approximately 1:00 a.m. on March 25, 1985, Jones broke into a sporting goods store in Belle Fourche, South Dakota, where he stole a…