State v. Gardner

429 N.W.2d 60 (1988)

STATE of South Dakota, Plaintiff and Appellee.

v.

Terry GARDNER, Defendant and Appellant.

No. 15834.

Supreme Court of South Dakota.

Submitted on Briefs March 23, 1988.

Decided September 14, 1988.

Clair B. Ledbetter, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Richard L. Travis, Frieberg, Peterson & Travis, Beresford, for defendant and appellant.

TICE, Circuit Judge.

Terry Gardner (defendant), appeals his conviction and sentence for the crime of third degree burglary. We affirm.

On September 22, 1985, at 1:00 a.m., a Canton, South Dakota, police officer was directed to…