The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Vehicular Homicide
and DUI convictions upheld notwithstanding error in failure to sustain
Motion to Suppress evidence
Summary
follows:
STATE v. ANGLE, 2021 S.D. 21: Defendant was charged with Vehicular Homicide
and DUI. Defendant waived jury trial, tried the case to the court and was found
guilty. The trial court sentenced
Defendant, “to fifteen years in the penitentiary with credit for 350 days
served and two years suspended upon certain conditions… [and] to 350 days in
county jail for DUI-first offense conviction with credit for 350 days served.” Defendant’s appeal focuses on the failure of
the investigating officer to properly Mirandize her, asserting that the
trial court should have sustained her Motion to Suppress and that there was
insufficient evidence to support the convictions. The SD Supreme Court agreed that that the
trial court should have granted Defendant’s Motion to Suppress but,
nonetheless, affirmed the convictions based upon “overwhelming
evidence,” stating:
[¶29.] Although the circuit
court erred by denying Angle’s suppression motion, Deputy Lanning’s failure to
advise her that she had the right to appointed counsel before questioning her
at the hospital was harmless, given the overwhelming evidence against her. The
circuit court did not err when it denied Angle’s motion for acquittal, finding
sufficient evidence to sustain her convictions for vehicular homicide and
driving under the influence. We affirm.
This
decision is unanimous, with opinion authored by Justice Salter.
This
decision may be accessed at
