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STATE v. ASPEN

No. 15612.

412 N.W.2d 881 (1987)

STATE of South Dakota, Plaintiff and Appellee, v. William Frances ASPEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 23, 1987.

Attorney(s) appearing for the Case

Grant E. Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Richard Braithwaite of Braithwaite Law Offices, Sioux Falls, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL BACKGROUND

Defendant was charged for the third time, with Driving While Under the Influence of an Alcoholic Beverage (DWI). He was convicted via enhancement of a class six felony. Thereafter, he filed a state habeas corpus action alleging that one of the underlying DWI charges was constitutionally infirm as the record of that charge reflected he pleaded guilty without benefit of counsel. The habeas court granted Defendant's...

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