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STATE v. ROLLINGER

No. 13404.

314 N.W.2d 871 (1982)

STATE of South Dakota, Plaintiff and Appellee, v. Barbara ROLLINGER, a/k/a Mrs. Larry Brock, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 20, 1982.

Attorney(s) appearing for the Case

Joaquin K. Hanson, Minnehaha County State's Atty., and Steve Miller, Minnehaha County, Deputy State's Atty., Sioux Falls, for plaintiff and appellee.

Thomas J. Nicholson of Abourezk & Nicholson, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

Appellant appeals from the judgment entered after she pleaded guilty both to a charge of passing a no-account check and to a charge of being a habitual offender. She contends that the trial court erred in that it unconstitutionally included a 1975 order of suspension of imposition of sentence in determining the number of her prior felonies for purposes of sentencing her for the present felony pursuant to the provisions of SDCL 22-7-8.

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