State v. Jensen
2011 SD 32
S.D.2011Background
- Jensen charged with fourth offense driving under the influence due to three prior within ten years (2000, 2006, 2008).
- He pleaded guilty to a 2006 second-offense DUI; before plea, he signed a statement-of-rights form asserting voluntariness.
- Magistrate court advised rights and conducted a plea colloquy; court found a factual basis for the plea.
- Jensen moved to strike the 2006 conviction for sentence enhancement; trial court denied, relying on the statement-of-rights form.
- Trial on stipulated facts later resulted in a fourth-offense DUI conviction and four-year imprisonment; Jensen appeals.
- Issue on appeal is whether the prior conviction can be used where voluntariness was established via a form rather than personal canvass.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether using a statement-of-rights form to establish voluntariness invalidates the prior conviction for enhancement. | Jensen | Jensen | No; form alone supported voluntariness; no prejudice shown. |
| Whether failure to personally canvass the defendant to establish voluntariness violates due process. | State | Jensen | No; lack of canvassing did not prejudice Jensen. |
| Whether the record must show a deliberate, knowing waiver to satisfy Boykin due process concerns. | State | Jensen | Record sufficient to show voluntary and knowing entry; no due process violation. |
Key Cases Cited
- Stuck v. Leapley, 473 N.W.2d 476 (S.D. 1991) (collateral attack burden shifting on prior convictions)
- Moeller, 511 N.W.2d 803 (S.D. 1994) (burden shifts to show valid prior conviction by preponderance)
- State v. King, 383 N.W.2d 854 (S.D. 1986) (presumption of regularity in judgments; burden shifts to defendant)
- In re Application of Garritsen, 376 N.W.2d 575 (S.D. 1985) (collateral considerations for prior convictions)
- State v. Goodwin, 681 N.W.2d 847 (S.D. 2004) (standard for collateral attack on predicate convictions)
- Monette v. Weber, 771 N.W.2d 920 (S.D. 2009) (statement-of-rights form alone may be insufficient to show voluntariness)
- State v. Apple, 759 N.W.2d 283 (S.D. 2008) (necessity of record showing voluntariness and understanding)
- State v. Beckley, 742 N.W.2d 841 (S.D. 2007) (requirement for explicit rights waiver and understanding)
- State v. Miller, 717 N.W.2d 614 (S.D. 2006) (constitutional requirements for plea voluntariness)
- Boykin v. Alabama, 395 U.S. 238 (U.S. Supreme Court, 1969) (plea must be voluntary and rights waiver explicit)