State v. Outka
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to simple assault under S.D. Codified Laws 22-18-1(4). The caption of the information included the words “domestic abuse,” but Defendant did not challenge whether the assault involved domestic abuse. Additionally, Defendant’s attorney acknowledged that Defendant was pleading guilty to simple assault (domestic abuse). Defendant moved to withdraw his guilty plea, arguing that the charging information was insufficient and that he did not knowingly and voluntarily plead guilty to simple assault (domestic abuse). The magistrate court denied the motion. The circuit court affirmed. The Supreme Court affirmed, holding (1) any argument Defendant had regarding defects in the information was waived because it was not raised prior to Defendant’s guilty plea; and (2) Defendant understood his rights, and his plea was knowing and voluntary.
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