Considered on Briefs August 31, 2015.
As Amended February 29, 2016.
APPEAL FROM THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT CODINGTON COUNTY, SOUTH DAKOTA. THE HONORABLE JON R. ERICKSON, Judge.
JEFF LARSON, Sioux Falls, South Dakota, Attorney for petitioner and appellant.
MARTY J. JACKLEY, Attorney General; PAUL S. SWEDLUND, Assistant Attorney General; PATRICK T. PARDY, Special Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellee.
SEVERSON, Justice. GILBERTSON, Chief Justice, and ZINTER, WILBUR, and KERN, Justices, concur.
[¶1] James Dale filed an application for a writ of habeas corpus alleging that his penitentiary sentences were miscalculated. The habeas court denied Dale's application. We affirm.
[¶2] In 2001, Dale pleaded guilty to third-degree burglary and possession of burglary tools for his role in burglarizing the Watertown Municipal Golf Course. The circuit court sentenced Dale to two consecutive terms of incarceration: 10 years for burglary and 5 years for possession of burglary tools. The court entered separate judgments of conviction for each count. Dale was granted parole in 2007.
[¶3] After his release, Dale committed another burglary in Minnesota. He was convicted of second-degree burglary and possession of burglary tools. On May 31, 2012, the South Dakota Board of Pardons and Paroles (parole board) generated a parole violation report regarding the Minnesota burglary convictions. Consequently, Dale was re-incarcerated in South Dakota for violating his parole.
[¶4] Dale filed an application for a writ of habeas corpus. He maintained that, under SDCL 24-15A-19, his separate judgments of conviction resulted in separate sentences. Had his sentences been calculated separately, Dale claimed he would have been " paroled to" his 5-year consecutive sentence after reaching his initial parole date on his 10-year sentence. Using his method of calculation, Dale determined that he served the entirety of his consecutive sentences on September 2, 2011, and was no longer on parole when the parole board generated his violation report on May 31, ...