State v. Garritsen

TIMM, Circuit Judge.

ACTION

David W. Garritsen (Garritsen) appeals from a judgment of conviction resentencing him to two concurrent life terms in the South Dakota State Penitentiary. We affirm.

HISTORY OF PROCEEDINGS

On January 7, 1980, in Davison County, the state filed an information charging Garritsen with two counts of first degree rape and a supplemental information charging him with being a habitual offender. A jury found Garritsen guilty of both counts of first degree rape. A second jury found that Garritsen had previously been convicted of two felonies, and thus found him to be a habitual…