Cochrun v. Solem

FOSHEIM, Justice.

This appeal is from an order denying appellant Wesley Cochrun (Cochrun) habe-as corpus relief. We affirm.

Cochrun was convicted in May, 1981, of distribution of 2.94 ounces of marijuana (Count I) and distribution of .18 ounces of hashish, a controlled substance (Count II). Cochrun was given penitentiary sentences of eighteen months on Count I and eight years on Count II. State v. Cochrun, 328 N.W.2d 271 (S.D.1983), affirmed this conviction. Only Count II is relevant to this appeal.

On May 28, 1983, Cochrun filed a petition for post-conviction relief under SDCL ch. 23A-34, which…