State v. King

MORGAN, Justice.

This is an appeal from a judgment of conviction of John H. King (King) of issuing an insufficient funds check in the first degree and on a Part II information as a habitual offender. King was sentenced to a term of fifteen years in the South Dakota State Penitentiary. King is not appealing the underlying conviction on the check charge; he attacks only the determination of habitual criminal status. We reverse and remand.

The Part II information alleged that King had three prior felony convictions: (1) first-degree robbery in Yankton County, South Dakota on March 8, 1968; (2)…