State v. RoedderAnnotate this Case
The Supreme Court affirmed Defendant’s conviction for unauthorized possession of a controlled substance and admitting to five prior felony convictions but reversed Defendant’s sentence, holding that the record lacked a sufficient statement of aggravating circumstances that would justify a departure from a presumptive sentence.
Here, the judgment and sentence contained a purported statement of aggravating circumstances, but it was not provided by the sentencing court on the record. The Supreme Court held (1) under S.D. Codified Laws 22-6-11, the sentencing court, not the prosecutor, must state on the record the aggravating circumstances impacting public safety as a predicate to departing from a presumptive sentence and include those factors in the written judgment; and (2) the circuit court incorrectly determined that section 22-6-11 did not apply and in sentencing Defendant as though he had actually been convicted of a class C felony, rather than a class 5 felony.