Rowley v. Bd. of Pardons & Paroles
Annotate this CaseAppellant pleaded guilty to first-degree injury to property and possession of a controlled substance. Appellant was sentenced to twenty-one years in the penitentiary for both convictions, to be served consecutively. Appellant's sentenced commenced on June 18, 2007. According to the Department of Corrections (DOC), Appellant's initial parole date was June 21, 2027. The DOC calculated the initial parole date pursuant to S.D. Codified Laws 24-15A-32. Appellant appealed the DOC's determination. The Board of Pardons and Paroles and the circuit court affirmed. The Supreme Court reversed, holding that the Board acted without authority in determining that Appellant was a Class 2 felon when calculating his initial parole date. Remanded to the Board with directions to calculate Appellant's initial parole date in conformity with this opinion.
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