1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 424 N.W.2d
  5. 424 N.W.2d 155 (1988)
 

CARROLL v. SOLEM

No. 15859.

424 N.W.2d 155 (1988)

Rodney Dean CARROLL, Petitioner, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and Lynne De Lano, Warden of the Springfield Correctional Facility, Respondents.

Supreme Court of South Dakota.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Richard Braithwaite, Sioux Falls, for petitioner.

Roger A. Tellinghuisen, Atty. Gen., Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for respondents.

SABERS, Justice.

Carroll claims his misdemeanor DWI conviction cannot be enhanced once to felony status and then enhanced again under the habitual felony statute. The court denied Carroll's habeas corpus action and he appeals. We reverse and remand for resentencing.

Facts

Carroll was indicted for driving while under the influence of alcoholic beverages (DWI) on August 28, 1986, a violation of SDCL 32-23-1(2). The state filed two separate part...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases