State v. Bilben
2014 SD 24
S.D.2014Background
- Bilben was charged with a 2012 DUI with a part II information alleging three prior DUIs (2003, 2004, 2007) to enhance the sentence.
- Bilben moved to strike the prior convictions, arguing the 2003 and 2007 pleas were entered without adequate Boykin advisements.
- Circuit court denied the motion; on appeal Bilben withdraws the 2004 challenge but keeps 2003 and 2007 challenges.
- The 2003 plea record shows a Boykin canvass and a general waiver advisement; Bilben argues it failed to inform him of waiving all Boykin rights.
- The 2007 plea record shows no Boykin waiver advisement; the State concedes the absence, and Bilben challenges the validity of the 2007 conviction; the court remands for resentencing with the 2007 conviction stripped from consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2003 Boykin advisement was sufficient. | Bilben contends the 2003 advisement did not inform him that he would waive Boykin rights. | State contends the general waiver of rights after full Boykin advisement covered all three rights. | 2003 advisement satisfied Boykin; valid waiver. |
| Whether the 2007 plea lacked a proper Boykin waiver and invalidates the conviction. | Bilben argues the 2007 record showed no waiver advisement, invalidating the plea. | State argues totality-of-circumstances can cure a missing traditional advisement. | 2007 conviction invalid due to absence of Boykin waiver advisement. |
| Whether a collateral attack on predicate convictions for sentencing is proper and under what standard. | Bilben claims constitutional defects allow collateral attack without prejudice requirement. | State argues no broader collateral attack rights exist for enhanced sentencing. | Bilben may challenge a constitutional Boykin defect without prejudice, but relief limited to invalidation of the 2007 conviction. |
| What is the appropriate remedy on remand for sentencing after invalidating the 2007 conviction? | Remand for resentencing without consideration of the 2007 conviction. | (Not asserted as a separate position; court considers remedy consistent with ruling). | Remand for resentencing excluding the 2007 conviction. |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirements for advising rights before a guilty plea)
- Rosen v. Weber, 810 N.W.2d 763 (S.D. 2012) (lack of waiver canvassing invalidates plea; totality not applied)
- State v. Smith, 840 N.W.2d 117 (S.D. 2013) (confirms general waiver advisement acceptable where properly advising rights)
- Monette v. Weber, 771 N.W.2d 925 (S.D. 2009) (rejected formulaic Boykin advisements; focus on knowing waiver)
- Custis v. United States, 511 U.S. 485 (U.S. 1994) (limits on collateral attack for sentencing enhancements; finality policy)
- State v. King, 383 N.W.2d 854 (S.D. 1986) (early rule allowing collateral attack on predicate convictions for enhancement)
- State v. Jensen, 2011 S.D. 32, 800 N.W.2d 859 (S.D. 2011) (prejudice requirement not required for Boykin-based challenges)