State v. French

WUEST, Justice.

Defendant Robert French (French) appeals from his conviction of three counts of a Class 6 felony under SDCL 32-4r-16, raising two issues: First, that if his actions did constitute a crime, he should have been charged under SDCL 32-5-27, violation of which is a Class 2 misdemeanor; and second, that SDCL 32-4-16 describes a specific intent crime for which the State failed to meet its burden of proof to sustain a conviction under the statute. We affirm.

FACTS

French was primarily in the business of purchasing and trading used vehicles among car dealers. In 1990, French bought, sold…