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STATE v. REED

No. 16536.

451 N.W.2d 409 (1990)

STATE of South Dakota, Plaintiff and Appellee, v. James Thomas REED, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 14, 1990.

Attorney(s) appearing for the Case

Thomas Harmon, Deputy Atty. Gen., Pierre, for plaintiff and appellee; Roger Tellinghuisen, Atty. Gen., Pierre, on the brief.

Shawn Jensen Pahlke, Office of Public Defender, Rapid City, for defendant and appellant.

MORGAN, Justice.

James Thomas Reed (Reed) pled guilty but mentally ill (SDCL 23A-27-38)* to first degree rape (SDCL 22-22-1) and was sentenced to twenty-five (25) years in the penitentiary. His sole contention on appeal is that this sentence violates his eighth amendment right against cruel and unusual punishment.

Reed was charged with five counts of first degree rape, one count of attempted first degree rape, and with being a...

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