State v. Hernandez
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Pursuant to a plea agreement, Defendant pled guilty to fourth offense driving under the influence. During a sentencing hearing, the circuit court found the existence of aggravating circumstances and sentenced Defendant to five years in the state penitentiary with three years suspended. On appeal, Defendant argued that while the circuit court correctly acknowledged the applicability of S.D. Codified Laws 22-6-11 to his sentencing, it erred by failing to order probation. The Supreme Court affirmed Defendant’s conviction and sentence, holding that the circuit court complied with the dictates of section 22-6-11 when it imposed a sentence other than probation.
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