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STATE v. LEMLEY

No. 19205.

552 N.W.2d 409 (1996)

1996 SD 91

STATE of South Dakota, Plaintiff and Appellee, v. Harold W. LEMLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Mark W. Barnett, Attorney General, Jennifer K. Trucano, Assistant Attorney General, Pierre, for plaintiff and appellee.

Reed Rasmussen of Siegel, Barnett & Schutz, Aberdeen, for defendant and appellant.

JAMES ANDERSON, Circuit Judge.

[¶ 1] Pursuant to a plea agreement, Harold Lemley (Lemley) pled guilty to a reduced charge of first-degree manslaughter. SDCL 22-16-15. Counts of murder in the first degree and burglary were dismissed. Lemley appeals his 350 year sentence as unconstitutional cruel and unusual punishment. We affirm.

FACTS

[¶ 2] Harold Lemley was born in Springfield, Ohio on November 2, 1973. Lemley was born into a severely...

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