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STATE v. FERGUSON

No. 18244.

519 N.W.2d 50 (1994)

STATE of South Dakota, Plaintiff and Appellee, v. Toby Wade FERGUSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 29, 1994.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Robert Van Norman, Rapid City, for defendant and appellant.

AMUNDSON, Justice.

Pursuant to a plea agreement, Toby Wade Ferguson (Ferguson) pled guilty to one count of rape, SDCL 22-22-1(1) and seven counts of sexual contact with a minor, (SDCL 22-22-7). Twenty-seven (27) counts of rape and thirty-one (31) counts of sexual contact with a minor were dismissed. Ferguson was sentenced to 180 years in the penitentiary on the rape conviction; 90 years were conditionally suspended. He was sentenced to fifteen years on each of the...

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