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Oleson v. Young

Supreme Court of South Dakota

August 26, 2015

TERRY LEE OLESON, Petitioner and Appellant,
v.
DARIN YOUNG, Warden, South Dakota State Penitentiary, Respondent and Appellee.

CONSIDERED ON BRIEFS ON JANUARY 12, 2015

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA THE HONORABLE PETER H. LIEBERMAN Retired Judge

STEVEN R. BINGER Sioux Falls, South Dakota Attorney for petitioner and appellant.

MARTY J. JACKLEY Attorney General Pierre, South Dakota BETHANY L. ERICKSON Assistant Attorney General Sioux Falls, South Dakota Attorneys for respondent and appellee.

WILBUR, JUSTICE

[¶1.] Terry Oleson pleaded guilty to first-degree rape. Oleson petitioned for habeas relief and argued that his plea was unconstitutional because the sentencing court did not properly advise him of his right against self-incrimination or that a guilty plea would waive that right. The habeas court found that Oleson was properly advised of his constitutional rights. We affirm.

Background

[¶2.] Oleson was charged by indictment on November 29, 2007, with first- degree rape, third-degree rape, and sexual contact with a child under 16 years of age. SDCL 22-22-1(1), -1(3), -7. The State filed a part II habitual offender information. Oleson was arraigned by the Honorable Bradley G. Zell and was advised of his rights, including but not limited to, all three Boykin rights. During arraignment, the court specifically advised Oleson of his right against self-incrimination; but the court did not advise him that a plea of guilty would waive that right.

[¶3.] Oleson agreed to plead guilty to first-degree rape in exchange for the dismissal of the remaining charges and the part II information. The court canvassed Oleson at the change-of-plea hearing individually as to his statutory and constitutional rights. Notably, and for purposes of this appeal, the court did not canvass Oleson as to his right against self-incrimination; nor did the court advise him that a guilty plea would waive this right:

COURT: Do you understand by entering a guilty plea, you are giving up certain constitutional and statutory rights?
OLESON: Yes, Your Honor.
COURT: You're giving up the right to have a jury trial in relation to these charges?
OLESON: Yes, Your Honor.
COURT: You're giving up your right to confront and cross-examine witnesses in relation to these charges?
OLESON: Yes.
COURT: You're giving up your right to call witnesses on your own behalf?
OLESON: Yes, Your Honor.
COURT: You're giving up your right to make the State prove beyond a reasonable doubt all of the elements of the offense charged against you?
OLESON: Yeah.
COURT: You're waiving your presumption of innocence by pleading guilty. Do you understand that?
OLESON: Yes.
COURT: Have you had enough time to discuss this matter with ...

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