The SD Supreme Court handed down two decisions this morning:
- 100 year sentence upon guilty plea to 1 count of 1st
degree rape affirmed;
- Criminal convictions and sentences for 1st
degree rape upheld;
Summaries
follows:
STATE
v. ALVAREZ, 2022 S.D. 66: Defendant, who is less than proficient in English,
pled guilty to one count of 1st degree rape of victim less than 13
years old. Thereafter Defendant sought
to withdraw his guilty plea and requested substitute counsel. The trial court, after denying both requests,
sentenced Defendant to 100 years in prison, with 15 years suspended. On this direct appeal, Defendant asserts
error in 1) the trial court’s denial of his request to withdraw his guilty plea
and 2) ineffective assistance of counsel. The SD Supreme Court affirmed the trial
court, holding that the trial court acted within its discretion in refusing the
request to withdraw the guilty plea. As to the assertion of ineffective
assistance of counsel, the Court declined the opportunity to review its
merits, holding that Defendant’s assertion of error would be more appropriately
considered “within the context of a habeas corpus action where the parties may
develop the factual record.” This
decision is unanimous (5-0), with opinion authored by Justice Salter.
STATE
v. HANKINS, 2022 S.D. 67: This decision
affirms the criminal convictions and sentences of 50 years on each of two
counts, with 25 years suspended for each count, and with the sentences to run
consecutively. The facts and issues on
appeal are set forth in the opening paragraph of the Court’s opinion:
[¶1.] A Lawrence County grand
jury indicted Nathan Hankins on two counts of first-degree rape and two
alternative counts of sexual contact with a minor under 16 with his
half-sister, R.H. A jury convicted Hankins of two counts of first[1]degree rape. Hankins
appeals, asserting that his due process rights were violated due to an
insufficient arraignment, that the court abused its discretion in admitting
testimony from certain witnesses, and that the State engaged in prosecutorial
misconduct. We affirm.
The
Court’s decision is unanimous (5-0), with opinion authored by Justice Myren.
These decisions may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
