Legal Opinion

State v. Dassinger

South Dakota Supreme Court

Decided July 23, 1980No. 12988PublishedCited by 7 opinions

1Opinion of the Court

MORGAN, Justice.

Appellant was found guilty of driving while under the influence (DWI), and although he argued that it could not be considered a third DWI offense within four years under SDCL 32-23-4, 1 (see also SDCL 32-23-4.1), 2 the trial court found him guilty of such an offense and sentenced him to two years in the South Dakota State Penitentiary in Sioux Falls. Appellant appeals from that judgment and sentence. We affirm.

On October 29, 1975, appellant pleaded guilty to the offense of DWI, and the trial court sentenced him at that time.

On May 13, 1979, appellant was arrested for DWI in…

2Cases cited3 opinions

  1. State v. HannaSupreme Court of Iowa · 1970
  2. Bubar v. DizdarSupreme Court of Minnesota · 1953
  3. State Ex Rel. Sedam v. Circuit CourtSouth Dakota Supreme Court · 1949

3Cited by7 opinions

  1. State v. WimmerCourt of Appeals of Wisconsin · 1989
  2. State v. ArguelloSouth Dakota Supreme Court · 1996
  3. State v. O'CONNORSouth Dakota Supreme Court · 1987
  4. Transamerica Premier Insurance Company v. Ray Miller Earl Robert Brown, Jr.Court of Appeals for the Ninth Circuit · 1994
  5. State v. MyersSouth Dakota Supreme Court · 1984

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