State v. Kaufman
Annotate this CaseDefendant pleaded guilty in a South Dakota circuit court to driving under the influence and admitted to being a habitual offender. The magistrate court did not specifically inform Defendant that a guilty plea would impact his Nebraska commercial driver’s license (CDL). A year after the judgment of conviction was entered Defendant filed a motion to reopen his case and allow him to withdraw his guilty plea under S.D. Codified Laws 23A-27-11, claiming that the loss of his CDL constituted a manifest injustice. The circuit court denied Defendant’s motion. The Supreme Court dismissed Defendant’s appeal, holding that the Court did not have jurisdiction to consider the appeal because Defendant’s motion under section 23A-27-11 was not filed more than thirty days after entry of the judgment of conviction.
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