State v. Smith
2013 SD 79
S.D.2013Background
- Smith was charged with DUI in Pennington County (2012).
- Part II Information alleged two prior DUIs: 2011 Lawrence County, SD and 2009 Nebraska conviction.
- Smith moved to strike the 2011 conviction, arguing inadequate Boykin waiver canvass; the Seventh Circuit struck it, SD sought intermediate review.
- SD Supreme Court reversed the circuit court, holding the 2011 conviction was valid and that Boykin rights were properly advised and waived.
- Record shows Smith was advised of Boykin rights multiple times, including at the change of plea; totality of circumstances supports voluntary, knowing plea.
- Court remanded to include the 2011 Lawrence County conviction in the Part II Information.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the 2011 conviction under Boykin waivers | Smith argues the 2011 plea lacked an explicit waiver of Boykin rights | State contends rights were adequately canvassed and waived | Conviction valid; waiver shown; circuit court erred |
| Effect of Rosen v. Weber on this case | Smith relies on Rosen to strike the 2011 conviction | State distinguishes Rosen as inapplicable or distinguishable | Rosen distinguished; not controlling; record supports validity |
| Voluntariness and understanding of the plea | Smith did not explicitly waive all rights on record | Record shows affirmations of understanding and voluntariness | Plea voluntary and knowingly entered; totality of circumstances supports validity |
| Suspicious language about waiving 'all the rights I read to you' | Phrase could misstate the waiver scope | Record shows understanding and specific questioning confirming waiver | Not fatal; record shows understanding and waiver of rights actually read |
Key Cases Cited
- State v. Jensen, 2011 S.D. 32 (S.D. 2011) (collateral attacks scrutinized; presumption of regularity; burden on state to prove valid conviction by preponderance)
- Monette v. Weber, 2009 S.D. 77 (S.D. 2009) (jurisdictional errors in collateral attacks; record review; defer to findings of fact)
- Goodwin v. State, 2004 S.D. 75 (S.D. 2004) (requirement of canvass for voluntariness of guilty plea)
- Rosen v. Weber, 2012 S.D. 15 (S.D. 2012) (holding that failure to canvass Boykin waivers can invalidate a plea)
- Moeller v. State, 511 N.W.2d 803 (S.D.1994) (no explicit enumeration of each right needed; record must show voluntary understanding)