State v. Pentecost
Annotate this CaseDefendant pleaded guilty to second-degree burglary. Defendant attempted to appeal the original judgment, but his attorney failed to file a notice of appeal within the time provided by statute. Defendant was later resentenced. Defendant sought to appeal based on the amended judgment, arguing that the circuit court accepted his guilty plea to burglary without establishing a factual basis. The Supreme Court issued an order to show cause why the appeal should not be dismissed on the grounds that no appeal of right existed from the judgment sought to be appealed. Noting that the circuit court did not make certain determinations before proceeding under S.D. Codified Laws 23A-27-51, the Supreme Court remanded the case to the circuit court to make findings or hold further proceedings on whether a constitutional violation occurred, whether the relief was requested within a reasonable time, or whether an adequate record was available for review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.