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State v. King

Supreme Court of South Dakota

April 16, 2014

STATE OF SOUTH DAKOTA, Plaintiff and Appellee,
v.
ROGER BAINES KING, Defendant and Appellant

Considered on Briefs February 18, 2014.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT AURORA COUNTY, SOUTH DAKOTA. THE HONORABLE PATRICK SMITH Judge.

MARTY J. JACKLEY, Attorney General, ELLIE J. BAILEY, Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee.

PHILIP D. CARLSON, Tinan, Smith & Bucher, Mitchell, South Dakota, Attorneys for defendant and appellant.

SEVERSON, Justice. GILBERTSON, Chief Justice, and KONENKAMP, ZINTER, and WILBUR, Justices, concur.

OPINION

Page 909

SEVERSON, Justice

[¶1] Roger Baines King pleaded guilty to grand theft by insufficient funds check and was sentenced to eight years in the penitentiary. On appeal, King argues he was not properly advised of his constitutional and statutory rights and that his sentence violated the Eighth Amendment. We affirm.

Background

[¶2] King wrote several checks over a period of two days in March 2012 to varying businesses in Aurora County that were not honored by his bank. The checks totaled $1,755. King was charged by complaint with one count of grand theft by insufficient funds check in May 2012. King received a preliminary hearing and an Information was filed in August 2012. An arraignment was held on December 7, 2012, in front of Judge Gering. King was advised of his constitutional and statutory rights, but no plea was taken as the hearing was continued. A second arraignment and change of plea hearing was held on February 6, 2013, where King entered a guilty plea to the charge. This hearing was held in front of Judge Smith, who also sentenced King.

[¶3] At the February 6 hearing, the following exchange took place:

Court: Do you understand that by entering a plea of guilty, you'll be giving up certain of your rights that I've previously explained, specifically your right to a jury trial?
Defendant: Yes, Your Honor.
Court: And your right to confront the State's ...

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