956 N.W.2d 455
S.D.2021Background
- On June 25, 2019, Les Crago reported his mailbox damaged and identified Chad Rus as the likely actor; surveillance and Rus’s own statements showed he had driven to a bar, consumed multiple beers, and later admitted hitting the mailbox.
- Law enforcement obtained and executed a felony arrest warrant and the State filed a complaint and information charging Rus with DUI (SDCL 32-23-1(2)).
- Rus had two prior DUI convictions (2011 and 2016); under SDCL 32-23-4 a third DUI within ten years is a Class 6 felony, but the State must file a separate part II information alleging prior convictions to enhance the charge.
- Rus moved for a preliminary hearing under SDCL 23A-4-3, arguing a third-offense DUI is an offense "punishable as a felony;" the circuit court denied the motion and struck "felony" from the warrant, relying on State v. Helling.
- The State later filed the part II information; Rus pursued an intermediate appeal. The Supreme Court reversed, holding the plain language of SDCL 23A-4-3 entitles a defendant facing a felony-punishable charge (including third-offense DUI) to a preliminary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant is entitled to a preliminary hearing when charged with an offense punishable as a felony | The right is statutory; until part II is filed/found the underlying DUI is procedurally a misdemeanor and part II is a separate enhancement mechanism | SDCL 23A-4-3 entitles a preliminary hearing because a third-offense DUI is punishable as a felony under SDCL 32-23-4 | Reversed circuit court: plain language of SDCL 23A-4-3 gives a preliminary hearing when charged with an offense punishable as a felony (third-offense DUI qualifies) |
| Whether denial of the preliminary hearing violated federal and state constitutional due process/Sixth Amendment rights | Denial was consistent with statutory procedure and Helling-type reasoning; no constitutional violation shown | Denial deprived Rus of Sixth and Fourteenth Amendment rights and state constitutional protections | Court declined to reach constitutional claims, resolving case on statutory grounds (entitled to preliminary hearing) |
Key Cases Cited
- State v. Helling, 391 N.W.2d 648 (S.D. 1986) (held SDCL 32-23-4 was a punishment-enhancement statute; decision here is disapproved)
- State v. Anders, 763 N.W.2d 547 (S.D. 2009) (recognized third-offense DUI is a felony and requires felony procedures)
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975) (probable-cause determination and preliminaries are shaped by state statutory schemes)
- State v. Holiday, 335 N.W.2d 332 (S.D. 1983) (preliminary hearing is a statutory—not constitutional—right)
- State v. Arguello, 519 N.W.2d 326 (S.D. 1994) (delayed filing of part II at arraignment can still adequately apprize defendant of charges)