State v. Bingham
Annotate this CaseDefendant pleaded guilty to sexual contact with a child under the age of sixteen. The circuit court sentenced Defendant to the mandatory minimum sentence of ten years’ imprisonment. Defendant appealed, asking that the Supreme Court remand for resentencing on the grounds that the mandatory minimum sentence under S.D. Codified Laws 22-22-1.2 allows the court to suspend part of the sentence to give him a probationary sentence. The Supreme Court affirmed, holding that the minimum sentence in section 22-22-1.2 does not allow for a term of probation rather than incarceration because the term “minimum sentences” in section 22-22-1.2 refers to required prison terms.
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