State v. Clark

In 2009, Defendant was convicted of aggravated criminal sexual abuse in Illinois. After he moved to South Dakota, Defendant was indicted on two charges of violating S.D. Codified Laws 22-24B-12, which requires registered sex offenders to inform law enforcement of their new addresses within three business days of moving. Defendant’s registration violations subjected him to an enhanced sentence as a repeat-registration violator, but the State did not seek enhancement under S.D. Codified Laws 22-24B-12.1. Instead, the State filed a part II information on both charges alleging that Defendant was a habitual offender under S.D. Codified Laws 22-7-7 because of Defendant’s 2009 felony conviction in Illinois. Defendant pleaded guilty to the failure-to-register charges in both indictments. After a court trial on the part II informations, the circuit court imposed class 5 felony sentences. The Supreme Court affirmed, holding (1) section 22-24-B-12.1 does not preempt the use of section 22-7-7; and (2) the circuit court did not err in refusing to dismiss the part II informations. View "State v. Clark" on Justia Law