State v. Martin

WUEST, Justice.

This is an appeal from a conviction for first-degree burglary in violation of SDCL 22-32-l(3). 1 Subsequently, Defendant Bruce Martin (Martin) pled guilty to being an habitual offender under SDCL 22-7-7. He appeals raising the following issues:

1. Whether the State failed to prosecute Martin within 180 days in violation of SDCL 23A-44-5.1.

2. Whether the trial court abused its discretion in denying Martin’s motion for a change of venue.

3. Whether the trial court erred in refusing to include an instruction on simple assault as a lesser-included offense of burglary.

4. Whether the…