State v. Toohey

#26073-a-JKK

2012 S.D. 51

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. LEONARD ALAN TOOHEY, Defendant and Appellant. **** APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT BUTTE COUNTY, SOUTH DAKOTA **** THE HONORABLE JOHN W. BASTIAN Judge **** MARTY J. JACKLEY Attorney General JOHN M. STROHMAN Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee. STACI L. REINDL Spearfish, South Dakota Attorney for defendant and appellant. **** CONSIDERED ON BRIEFS ON JANUARY 9, 2012 OPINION FILED 06/20/12…