STATE v. HAYS (2024)

ORDER DIRECTING ISSUANCE OF JUDGMENT OF AFFIRMANCE

The Court having, pursuant to SDCL 15-26A-87.1 (A), considered all of the briefs filed in the above-entitled matter, together with the appeal record, and having concluded 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 factual and there clearly is sufficient evidence to support the findings of fact and conclusions of law below (SDCL 15-26A-87.1(A)(1) and (2)), now, therefore, it is

ORDERED that a judgment affirming the Order of the lower court be entered forthwith.

Steven R. Jensen, Chief Justice

PARTICIPATING: Chief Justice Steven R. Jensen, Justices Janine M. Kern Mark E. Salter, Patricia J. DeVaney and Scott P. Myren.