State v. McDermott

#29874-a-PJD

2022 S.D. 69

IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA **** STATE OF SOUTH DAKOTA, Plaintiff and Appellee, v. BENJAMIN MCDERMOTT, Defendant and Appellant. **** APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT CLAY COUNTY, SOUTH DAKOTA **** THE HONORABLE TAMI BERN Judge **** NICOLE J. LAUGHLIN Sioux Falls, South Dakota Attorney for defendant and appellant. MARK VARGO Attorney General JACOB R. DEMPSEY Assistant Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee. **** CONSIDERED ON BRIEFS OCTOBER 3, 2022 OPINION FILED 11/16/22 #29874 DEVANEY,…