State v. Pentecost
Annotate this CaseIn this case, the Supreme Court held that the question of whether a defendant is “licensed or privileged to enter or remain” in an occupied structure hinges on whether the defendant is, under the totality of the circumstances, in possession or control of the premises at the time of entry. Defendant entered a home he previously shared with his ex-wife and brought with him items that could be used for restraint, a suicide note, and his last will and testament. The police arrested Defendant inside the home, and the State charged with second-degree burglary, among other offenses. Defendant ultimately pleaded guilty to second-degree burglary. Defendant moved to withdraw his plea, which the circuit court denied. The Supreme Court affirmed, holding that the circuit court (1) did not err in denying Defendant’s motion to dismiss on the grounds that he had a “license or privilege to enter or remain” in the residence under S.D. Codified Laws 22-32-3; (2) did not abuse its discretion in denying Defendant’s motion to set aside the judgment of conviction and allow withdrawal of Defendant’s guilty plea; and (3) did not err by accepting Defendant’s guilty plea where there was an adequate factual basis supporting Defendant’s guilty plea.
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