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STATE v. HERRLEIN

No. 15861.

424 N.W.2d 376 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. David HERRLEIN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 1, 1988.

Attorney(s) appearing for the Case

Wade A. Hubbard, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

James W. Olson, Armour, for defendant and appellant.

MILLER, Justice.

This is an appeal from a revocation of probation grounded on a conviction for a subsequent criminal offense. We affirm, holding that by virtue of a prima facie showing by State, defendant had the burden of establishing the claimed invalidity of the subsequent conviction.

FACTS

In November, 1986, defendant, represented by counsel, entered a guilty plea to third-degree burglary in Charles Mix County, South Dakota. He was represented...

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