South Dakota v. Robert
Annotate this CaseDefendant Eric Robert pled guilty to first-degree murder for the death of penitentiary guard Ronald Johnson, a 23-year veteran correctional officer at the South Dakota State Penitentiary in Sioux Falls. Defendant waived his right to a jury’s determination of whether the death sentence would be imposed. The circuit court conducted a pre-sentence hearing and imposed the death penalty. Subsequent to pleading guilty, Defendant consistently sought imposition of the death penalty and that the execution be expedited. Even though he waived his right to appeal the death sentence, the Supreme Court was statutorily mandated to conduct a review of the sentence. Upon review, the Court found that the circuit court did not base its sentencing decision on any passion, prejudice, or any other arbitrary factor. The evidence supported the aggravating circumstances found by the circuit court, and the death sentence was neither disproportionate nor excessive when compared to other South Dakota cases in which a capital sentencing phase was conducted. The death sentence was affirmed, and the case remanded to the circuit court for entry of a warrant of execution.
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