State v. Cooper

MILLER, Justice

(concurring in result).

I in no manner depart from my dissent in State v. Hoffman, 409 N.W.2d 373 (S.D.1987).

However, I concur in the result of the majority opinion because I am convinced that, under the facts presented here, the State failed to meet its burden and the trial court abused its discretion in denying the motion to dismiss.