Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Humpal

Supreme Court of South Dakota

December 6, 2017

STATE OF SOUTH DAKOTA, Plaintiff and Appellee,
v.
CHARLES A. HUMPAL, Defendant and Appellant.

          CONSIDERED ON BRIEFS ON NOVEMBER 6, 2017

         APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT PENNINGTON COUNTY, SOUTH DAKOTA, THE HONORABLE ROBERT GUSINSKY Judge.

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

          TODD A. LOVE Rapid City, South Dakota Attorney for defendant and appellant.

          OPINION

          WILBUR, RETIRED JUSTICE.

         [¶1.] The sentencing court imposed a five-year penitentiary term upon defendant while defendant was serving a probationary sentence imposed in a different criminal file. Defendant appeals, asserting that the court imposed an illegal sentence when it placed him under the dual supervision of the judicial and executive branches. Although the sentencing court erred when it placed defendant under simultaneous supervision of two branches of government, defendant is currently only under the supervision of the executive branch. We, therefore, affirm defendant's sentence.

         Background

         [¶2.] On April 15, 2014, Charles Humpal pleaded guilty to one charge of possession of a controlled substance and one charge of unauthorized ingestion of a controlled substance (Criminal File 13-2946). The sentencing court sentenced Humpal to three years on each charge and suspended the execution of sentence on both charges. The court placed Humpal on probation for three years. On April 21, 2016, the State alleged Humpal violated probation, and on September 6, 2016, Humpal admitted to the violation. On October 4, 2016, the sentencing court amended its previous judgment of sentence and continued probation for three years to begin on the date of the amended judgment.

         [¶3.] On October 19, 2016, the State charged Humpal with grand theft. The State and Humpal entered into a plea agreement. Humpal agreed to plead guilty to grand theft. The State in return agreed to, among other things, not file a probation violation in Criminal File 13-2946. At a hearing on January 3, 2017, Humpal pleaded guilty, and the State recommended a five-year penitentiary sentence. Humpal objected, claiming that the court did not have authority to impose a penitentiary sentence for the grand theft conviction because Humpal was currently serving a probationary term in Criminal File 13-2946. Humpal argued that imposing a penitentiary sentence would improperly place him under the simultaneous supervision of the executive and judicial branches. The court requested briefing.

         [¶4.] At a hearing on March 7, 2017, the sentencing court sentenced Humpal to five years in prison with three years suspended. It relied on SDCL 23A-27-18.4 and ordered the sentence to "run concurrent with the penitentiary sentence ordered in" Criminal File 13-2946. In the court's view, because the penitentiary sentence ran concurrent with the sentence in Criminal File 13-2946, Humpal was only under the supervision of the executive branch.

         [¶5.] Humpal appeals, asserting that the sentencing court did not have authority to impose a penitentiary sentence against him while he was serving a probationary term. The State argues that the issue is moot because the sentencing court discharged Humpal from probation on March 9, 2017, leaving him only under the supervision of the executive branch.

         Standard of Review

         [¶6.] "The power to sentence comes from statutory and constitutional provisions." State v. Oban, 372 N.W.2d 125, 129 (S.D. 1985), superseded in part by statute as recognized in Krukow v. S.D. Bd. of Pardons & Paroles, 2006 S.D. 46, ¶ 15, 716 N.W.2d 121, 125. "Statutory interpretation is a question of law, reviewed de novo." State v. Kramer, 2008 S.D. 73, ¶ 11, 754 N.W.2d 655, 658 (quoting State v. Burdick, 2006 S.D. 23, ¶ 6, 712 N.W.2d 5, 7). Likewise, whether a defendant's sentence exceeds ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.