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STATE OF SOUTH DAKOTA v. WYATT RASMUSSEN (2024)

Supreme Court of South Dakota.2024-03-25No. 30502

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Opinion

ORDER DIRECTING ISSUANCE OF JUDGMENT OF AFFIRMANCE

The Court considered all of the briefs filed in the above-entitled matter, together with the appeal record, and concluded pursuant to SDCL 15-26A-87.1(A), that it is manifest on the face of the briefs and the record that the appeal is without merit on the following grounds: 1. that the issues on appeal are factual and there clearly is sufficient evidence to support the jury verdict below, and 2. that the issues on appeal are ones of judicial discretion and. there clearly was not an abuse of discretion (SDCL 15-26A-87.1(A)(2) and (3)), now, therefore, it is ORDERED that, a judgment affirming the Order of the lower court be entered forthwith.

BY THE COURT:

ATTEST:

Steven R. Jensen, Chief Justice