State v. Good PlumeAnnotate this Case
Defendant Ivan Good Plume was found guilty of aggravated assault and of being a habitual offender and was sentenced to eighteen years in prison. On appeal, defendant asserted (1) that the sentencing judge, in referring to a pattern of drunken violence by Good Plume as "going native," evinced his personal bias against defendant and used race as a sentencing factor, thus violating defendant's federal and state due process rights; and (2) the judge abused his discretion in admitting into evidence a letter defendant wrote without considering the requirements of S.D. R. Evid. 404(b) before admitting it. The Supreme Court affirmed, holding (1) defendant did not meet his burden of making a specific and substantial showing that a racial or personal bias was used as an aggravating factor in his sentence, and (2) the letter was admitted not to prove defendant engaged in other wrongs, crimes, or acts but as res gestae evidence necessary to prove intent.