State v. DeNoyer

KONENKAMP, Justice

(concurring in result).

I concur with the majority opinion, except Issue 5.C. to which I concur only in the result. Although I have misgivings about State v. Oster, 495 N.W.2d 305 (S.D.1993), that holding is inapplicable to this case. Therefore, I would leave for another day whether Oster should be overruled.