State v. Pentecost
2015 SD 71
| S.D. | 2015Background
- Pentecost pleaded guilty to burglary in 2012 and was sentenced that year.
- An appeal was attempted but the notice of appeal was filed one day late and was dismissed for lack of jurisdiction.
- Pentecost was resentenced in August 2014 after prior proceedings, including a habeas petition.
- He challenged the amended judgment, arguing there was an inadequate factual basis for the guilty plea and other sentencing issues.
- The circuit court denied a motion to withdraw the plea and addressed resentencing; on appeal, jurisdictional questions arose.
- The Supreme Court remanded to address whether SDCL 23A-27-51 applies and whether there are findings to proceed under that statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review amended judgment after resentencing | State relies on SDCL 23A-27-51 | Pentecost asserts rights-violation and needs proper findings | Remand to determine applicability and findings under SDCL 23A-27-51 |
| Whether the amended sentence was an illegal or improperly imposed sentence | Court could reduce or correct illegal sentences under SDCL 23A-31-1 | Sentence not shown to be illegal or improperly imposed | Not an illegal sentence under SDCL 23A-31-1; remedy not addressed on merits |
| Whether the circuit court abused discretion in denying withdrawal of guilty plea | Not specified in brief; appeals focus on jurisdiction | Discretionary denial supported by record | Court did not address merits of withdrawal on jurisdictional remand; remand for Findings under 23A-27-51 |
Key Cases Cited
- State v. Kramer, 2008 S.D. 73, 754 N.W.2d 655 (2008) (definition of illegal sentence; framework for review under SDCL 23A-31-1)
- State v. Sieler, 1996 S.D. 114, 554 N.W.2d 477 (1996) (illegal sentence concepts; sentencing procedures)
- State v. Thayer, 2006 S.D. 40, 713 N.W.2d 608 (2006) (discussion of illegal sentence concepts; jurisdictional considerations)
- State v. Oscarson, 898 A.2d 123 (Vt. 2006) (definition of illegal sentence; comparison from other jurisdictions)
- Steiner v. Weber, 2011 S.D. 40, 815 N.W.2d 549 (2011) (habeas corpus and post-conviction distinctions; procedural posture)
- People ex rel. S.D. Dep’t of Soc. Servs., 2014 S.D. 95, 857 N.W.2d 888 (2014) (appellate jurisdiction exceptions in criminal cases; remand considerations)