Buchholz v. State

KEAN, Circuit Judge.

This is an appeal from an order denying appellant’s request for relief from a conviction and judgment. We affirm.

Appellant was charged with three crimes: Count I — attempted theft by threat, SDCL 22-30A-4; Count II — commission of a felony while armed with a firearm, SDCL 22-14-3; and, Count III— aggravated assault, SDCL 22-18-1.1(5). A trial by jury resulted in a conviction on all the offenses. Appellant was sentenced to three years’ imprisonment on Count I and six years on Count III. These sentences were to be served concurrently. On Count II he was sentenced to eight…