Reck v. South Dakota Board of Pardons & ParolesAnnotate this Case
The Supreme Court affirmed the ruling of the circuit court affirming the decision of the South Dakota Board of Pardons and Paroles affirming the South Dakota Department of Correction's (Department) calculations of Appellant's parole eligibility for his two sentences under the parole grid in S.D. Codified Laws 24-15A-32, holding that the Department correctly calculated Appellant's parole eligibility.
Appellant was sentenced to penitentiary terms for aggravated assault against a law enforcement officer and aggravated assault with a dangerous weapon. Before the Supreme Court, Appellant argued that the Department misapplied the parole grid by using one or more of his prior non-violent felony convictions to increase his time until parole. The Supreme Court affirmed, holding that the Department properly applied the parole grid.