878 N.W.2d 105
S.D.2016Background
- Maurice Sanders was indicted in Hughes County, South Dakota, for forgery (SDCL 22-39-36) alleging the offense occurred on or about March 26, 2012.
- While incarcerated in Illinois, Sanders requested disposition; he was returned to South Dakota under the Interstate Agreement on Detainers and entered a guilty-plea agreement with court-appointed counsel.
- During the plea colloquy the court elicited a factual basis for the forgery (Sanders admitted obtaining and forging a check), but there was no affirmative statement placing the act in South Dakota; Sanders later indicated he forged the check in Illinois during the presentence interview.
- Sanders did not raise any contemporaneous objection in the circuit court about the location of the offense; the court accepted the plea and sentenced him.
- On appeal Sanders argued the plea lacked a factual basis that the offense occurred in South Dakota, and that this jurisdictional defect may be raised for the first time on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an inadequate factual basis as to the location of the offense deprives the court of subject matter jurisdiction | State: The indictment alleged the offense in Hughes County, South Dakota, and the court had jurisdiction; factual-basis deficiencies do not divest jurisdiction | Sanders: A plea-taking court must establish a factual basis for each element (including location); absence of such a basis means no subject matter jurisdiction | Court: Factual-basis requirement (Rule 11/SDCL 23A-7-14) is not jurisdictional; a valid indictment confers subject matter jurisdiction; Sanders waived jury determination by pleading guilty and raised no due-process claim |
Key Cases Cited
- United States v. Timmreck, 441 U.S. 780 (Rule 11 noncompliance is not jurisdictional)
- United States v. Cotton, 535 U.S. 625 (subject matter jurisdiction is determined by the indictment)
- State v. Moeller, 511 N.W.2d 803 (S.D. 1994) (failure to inquire into factual basis for plea is not jurisdictional)
- State v. Janssen, 371 N.W.2d 353 (S.D. 1985) (a valid indictment confers subject matter jurisdiction)
- Boykin v. Alabama, 395 U.S. 238 (guilty plea waives jury rights if voluntary and knowing)
- State v. Rasch, 19 N.W.2d 339 (S.D. 1945) (factual disputes such as location are for a jury unless waived)