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State v. Rowley

May 19, 2010

STATE OF SOUTH DAKOTA, PLAINTIFF AND APPELLEE,
v.
LLOYD STEVEN ROWLEY, DEFENDANT AND APPELLANT.



APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA, HONORABLE JOSEPH NEILES Judge.

Per curiam.

CONSIDERED ON BRIEFS MARCH 22, 2010

[¶1.] Lloyd Steven Rowley (Rowley) appeals a judgment and sentence filed April 3, 2008. Rowley pleaded guilty to possession of a controlled substance, intentional damage to property in the first degree, and a habitual offender information. Rowley received twenty-one years on the possession conviction and twenty-one years for the intentional damage conviction. We affirm.

FACTS

[¶2.] On April 8, 2004, after several weeks of investigation, law enforcement attempted to execute a search warrant at Rowley's residence. A South Dakota Division of Criminal Investigation (DCI) agent watching the residence observed Rowley pulling into his driveway in a full-size van pulling a flatbed trailer. The DCI agent signaled the waiting SWAT team to deploy in an attempt to neutralize Rowley. When approached by the SWAT team, Rowley locked the van doors and refused to exit the van. Before the SWAT team was able to remove Rowley from his van, Rowley started the van and drove away. In his attempt to elude law enforcement, Rowley drove his van and trailer through his lawn, striking the vehicle of the DCI agent tasked with observing the residence.

[¶3.] A forty-five minute car chase ensued. During the chase, Rowley led the police down several gravel or dirt roads. Eventually, law enforcement spiked Rowley's tires. Rowley nonetheless continued to elude law enforcement. Finally, Rowley stopped at a dead-end road and attempted to hide from police in a corn field.

[¶4.] A search of Rowley's vehicle revealed methamphetamine and drug paraphernalia. A search of Rowley's home revealed more than an ounce of methamphetamine, marijuana, and more drug paraphernalia.

[¶5.] A Minnehaha County grand jury returned a nine-count indictment. On October 22, 2004, Rowley pleaded guilty to possession of a controlled substance, injury to property in the first degree, and the habitual offender information for both charges. On December 3, 2004, the circuit judge sentenced Rowley to a twenty-year sentence for each crime with the sentences to run consecutively.

[¶6.] Rowley appealed and his conviction was summarily reversed. State v. Rowley, 705 NW2d 266 (SD 2005) (Table). On remand, Rowley was released on $100,000 cash bond. On February 21, 2006, the day before trial was to begin, Rowley appeared in court and requested a continuance. Rowley's request was denied. Rowley did not appear for trial the next day, and was arrested in Ohio over a year later in May 2007.

[¶7.] On October 7, 2007, Rowley again pleaded guilty to possession of a controlled substance, intentional damage to property in the first degree, and the habitual offender information. A different circuit court judge sentenced Rowley to twenty-one years on each of the charges, with the sentences to run consecutively. Rowley appeals raising two issues:

Did the circuit court fail to adequately establish a factual basis on the intentional damage to property in the first degree charge.

Did the circuit court violate Rowley's due process rights by sentencing Rowley to a sentence one year longer on each count than he originally received prior to exercising his right to appeal.

ISSUE ONE

[ΒΆ8.] Did the circuit court fail to adequately establish a factual basis on the intentional damage to ...


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