State v. Ross

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The Supreme Court affirmed the sentence imposed in connection with Defendant’s conviction for third-degree burglary, holding that the sentencing court had authority to alter its original sentence and that Defendant did not establish that the sentencing court abused its discretion in imposing the sentence.After Defendant pleaded guilty to third-degree burglary as part of a plea agreement, the court sentenced him to five years’ imprisonment with three and one-half years suspended. Before exiting the courtroom in the custody of the sheriff, Defendant “flipped off” the circuit court judge. The court then summoned Defendant back to counsel’s table and resentenced him, imposing the entry five-year term. The court then granted a resentencing hearing and imposed a sixty-month sentence with forty months suspended. The Supreme Court affirmed the sentence, holding (1) under the circumstances, no formal break in the proceedings occurred when Defendant made his obscene gesture, and therefore, the circuit court had the authority to modify Defendant’s sentence; and (2) the court properly relied on S.D. Codified Laws 23A-27-19 to reduce Defendant’s five-year sentence to a sentence of sixty months with forty months suspended. View "State v. Ross" on Justia Law