State v. Ekern

South Dakota Supreme Court February 26, 2001

State v. Ekern, 2001 SD 21 (S.D. 2001)

623 N.W.2d 449; 2001 S.D. LEXIS 53; 2001 WL 290356

Amundson, Gilbertson, Konenkamp, Miller, Sabers

Opinion

PER CURIAM

[¶ 1.] Within six weeks of committing the DUI in Appeal #21600, Ekern committed another. Pursuant to a plea agreement, she pled guilty to third offense felony DUI. The trial court sentenced her to two years in the penitentiary and ordered that this sentence be served consecutively to that in Appeal # 21600. Yet again an attorney with the Pennington County Public Defender has appealed arguing that this sentence is grossly disproportionate. Nonsense.

[¶ 2.] For the reasons set forth in Appeal #21600, the judgment is affirmed.

[¶ 3.] MILLER, Chief Justice, SABERS, AMUNDSON, KONENKAMP, and GILBERTSON, Justices, participating.

Reference

Full Case Name: STATE of South Dakota, Plaintiff and Appellee, v. Nelda EKERN, Defendant and Appellant
Cited By: 3 cases
Status: Published