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State v. Disanto

2004 SD 112, 688 N.W.2d 201 (2004)

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State v. Disanto

South Dakota Supreme Court

2004 SD 112, 688 N.W.2d 201 (2004)

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Facts

Rocco Disanto (defendant) hired a hit man to kill his former girlfriend, Linda Olson, and her new boyfriend, Denny Egemo. Unbeknownst to Disanto, the hit man was an undercover police officer named Dale McCabe. Disanto instructed McCabe on how he wanted the murders to occur. Disanto drove McCabe to Olson’s home and pointed Olson out to McCabe. Disanto issued a command for McCabe to proceed with the murders. Shortly thereafter, Disanto communicated with a third party to temporarily place the murders on hold. The State of South Dakota (plaintiff) charged Disanto with three counts of attempted murder. After a jury trial, Disanto’s motion for a judgment of acquittal was denied. Disanto was convicted and he appealed.

Rule of Law

Issue

Holding and Reasoning (Konenkamp, J.)

Dissent (Zinter, J.)

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