State v. LitschewskiAnnotate this Case
Appellant Richard Litschewski was convicted by a jury of three separate offenses. The circuit court ordered that the sentence for count two was to run consecutive to the sentence for count one, and the sentence for count three was to run consecutive to counts one and two. The Supreme Court affirmed. Appellant subsequently filed a motion to vacate or modify an illegal sentence, arguing that his sentence was illegal because the circuit court imposed consecutive sentences in an order that was inconsistent with the chronological order in which his crimes occurred. The circuit court denied the motion. The Supreme Court reversed, holding that, under the version of S.D. Codified Laws 22-6-6.1 that was in effect when Appellant was sentenced, the circuit court lacked the authority to order Appellant's sentence for count two, which occurred first in time, to run consecutive to count one. Remanded.