State v. Burdick

SABERS, Justice.

[¶ 1.] Thomas Burdick was charged with twenty counts of third degree burglary and twenty counts of petty theft. After a preliminary hearing, the circuit court dismissed all of the burglary counts. The state appeals from the circuit court’s order. We reverse and remand.

FACTS1

[¶ 2.] The defendant, Thomas Burdick (Burdick), was employed by Land O’ Lakes as a milk truck driver and delivery man. Burdick’s delivery route included the City of Plankinton,- South Dakota. During a three-year period, Burdick delivered milk to “Ron’s Market (the market),” a grocery store located in…