State v. Anderson

SABERS, Justice

(concurring in result).

[¶ 40.] I concur in result because it is settled law that these two drug convictions were separate transactions. SDCL 22-7-9. In fact, I would affirm and expedite the opinion under settled South Dakota law. SDCL 15-26A-87.1.

[¶ 41.] I agree that it is unnecessary to address Issues 2 and 3. Therefore, I see no reason to “review the pertinent case law on separate transactions within the context of our habitual offender sentencing scheme.” (See opinion, paragraph 31). Likewise, I would omit paragraphs 32, 33, 34 and 35 as unnecessary.