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 clearly-controlled by settled South Dakota law or federal law binding upon the states, and 2. that the issues on appeal are ones of-judicial discretion and there clearly was not an abuse of discretion (SDCL 15-2 6A-87.1(A)(1) and (3)), now, therefore, it is
ORDERED that a judgment affirming the Order and Judgment of the lower court be entered forthwith.
Steven R. Jensen, Chief Justice
PARTICIPATING: Chief Justice Steven R. Jensen and Justices Janine M. Kern Mark E. Salter, Patricia J. DeVaney and Scott P. Myren.