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STATE OF SOUTH DAKOTA Plaintiff and Appellee, v. DAVID CHRISTENSEN Defendant and Appellant [2003 SD 64] South Dakota Supreme Court Appeal from the Circuit Court of The First Judicial Circuit Clay County, South Dakota Hon. Arthur L. Rusch, Judge LAWRENCE E. LONG Attorney General CRAIG M. EICHSTADT Deputy Attorney General Pierre, South Dakota Attorneys for plaintiff and appellee. PHILLIP O. PETERSON Clay County Public Defender Beresford, South Dakota Attorney for defendant and appellant. Argued on March 26, 2003 Opinion Filed 5/28/2003 #22442, #22443 GILBERTSON, Chief Justice [¶1.] David Christensen (Christensen) was convicted of possession of marijuana and two counts of possession of child pornography. We affirm his conviction. FACTS AND PROCEDURE [¶2.] On June 29, 2001, a day after Christensen was detained at the Human Services Center (HSC) in Yankton, South Dakota for a psychological evaluation, his neighbor in Irene, South Dakota was granted a protection order against him.[1] Christensen was served notice of this order while at HSC. As part of that order, Christensen was to surrender all of his firearms to the Clay County Sheriff. The protection order also gave the Sheriff the power to take necessary steps to obtain the firearms if they were not surrendered. After waiting approximately 48 hours for compliance by Christensen, Clay County Sheriff Passick, Irene Police Chief Nelson and Deputy Sheriff Howe went to Christensen

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South Dakota Law