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STATE v. GEHRKE

No. 17194.

474 N.W.2d 722 (1991)

STATE of South Dakota, Plaintiff and Appellee, v. John Walter GEHRKE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Atty. Gen., Patricia J. Cronin, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Allen J. Eide, Gribbin, Burns & Eide, Watertown, for defendant and appellant.

SABERS, Justice.

Defendant appeals his conviction of aggravated assault, claiming that: (1) the information charging him was insufficient; (2) the sentence was improperly enhanced under the habitual offender statute; and (3) the sentence constitutes cruel and unusual punishment.

Facts

In the fall of 1989, John Gehrke (defendant) offered a witness in a criminal trial $150 to change her testimony. He was subsequently charged with tampering with...

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