Mann v. S.D. Bd. of Pardons & Paroles
Annotate this CaseAppellant pleaded guilty to two charges of second degree robbery. The circuit court sentenced Appellant to a term of seven years with two years suspended for the first conviction and a term of eight years with two years suspended for the second conviction. While incarcerated, Appellant signed a suspended sentence supervision agreement. After Appellant received four major rule violations, the Board of Pardons and Paroles concluded that Appellant had violated the conditions of the agreement and ordered that the suspended sentence for the first robbery conviction be revoked and imposed and that the suspended sentence for the second robbery conviction be revoked, imposed, and re-suspended. The Supreme Court affirmed, holding (1) the Board did not exceed its authority in imposing additional conditions that were “not inconsistent” with those placed by the sentencing court; and (2) Appellant failed to establish an equal protection violation because he was not treated differently than a similarly-situated class of inmates.
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